This is an office consolidation and not an
official version of this Act or Regulation. While care has been taken in assembling this
document, it is not warranted to be true and accurate. Official copies of all Provincial
Acts and Regulations are available from Island
Information Service.

(b) "city" means the City of Charlottetown established under section 3;

council

(c) "council" means the council of the city;

(d) "interest in land" includes interest in land

(i) an interest limited as to time or by condition or otherwise,

(ii) an easement, profit or servitude,

(iii) any right to, over or in respect of land that might be conferred by
the owner of the land, whether or not that right, if conferred by the owner,
could be asserted against a subsequent owner of the land,

(iv) any restriction on the use of land that might be assumed by covenant or
other agreement, whether or not the restriction, if assumed by the owner of
the land, could be asserted against a subsequent owner thereof, and

(v) the exclusive possession of land for a limited time or for a definite or
indefinite period;

mayor

(e) "mayor" means mayor of the city;

Minister

(f) "Minister" means the Minister of Finance and Municipal
Affairs;

ordinarily resident

(g) "ordinarily resident" has the same meaning as in the Election Act
R.S.P.E.I. 1988, Cap. E-1.1;

prescribed

(h) "prescribed" means prescribed by a bylaw under section 64 or 69;

regulations

(i) "regulations" means regulations under section 72;

resident

(j) "resident" means a person who has attained the age of eighteen years and
is ordinarily resident within the boundaries of the city;

street

(k) "street" means all the area within the boundary lines of every road,
street, highway or right of way which is designed or intended street for or
used by the general public for the passage of persons and vehicles, and
includes bridges, sidewalks, and drainage works, but does not include a
controlled access highway designated under section 27 or an arterial highway
designated under section 29 of the Roads Act R.S.P.E.I. 1988, Cap. R-15.
1994,c.6,s.1; 1995,c.5,s.1 {eff.} Apr. 1/95; 1997,c.20,s.3; 2000,c.5,s.3;
2009,c.73,s.2; 2010,c.31,s.3.

Purpose of this Act

2. The purposes of this Part are

(a) to amalgamate
certain municipalities in the greater Charlottetown area;

(b) to create a new
municipality to be named the City of Charlottetown;

(c) to provide for the
government of the new municipality;

(d) to make
transitional provisions for the transfer of functions from the existing
municipalities to the new municipality.

Constitution of City of
Charlottetown

3. (1) There is
established a municipality to be known as the City of Charlottetown
comprising the existing municipalities, and parts of municipalities and
unincorporated areas set out in Schedule 1.

Corporation

(2) The residents of
the city are constituted a corporation with all the powers of a corporation
set out in section 16 of the Interpretation Act R.S.P.E.I. 1988, Cap. I-8.

Electoral districts

4. Subject to
the provisions of Schedule 3, the electoral districts of the city shall be
determined by the council. 1994,c.6,s.4.

COUNCIL

Mayor and council

5. (1) The
administration of the city is vested in a mayor and ten councillors elected
in accordance with this Act, who collectively constitute the city council.

Governing body

(2) The council is the governing body of the city.

Remuneration and expenses

(3) Subject to the
provisions of Schedule 3, the council may by bylaw provide for payment to
the mayor and to councillors

(a) of annual salaries
of such amounts as may be specified in the bylaw; and

(b) such additional
amounts, as may be set out in the bylaw, as allowances for expenses
incidental to the discharge of their duties.

Eligibility for office

(4) The qualifications
for nomination and for holding office as a mayor or councillor of the city
are that the nominee is

(a) not less than
eighteen years of age;

(b) a Canadian
citizen; and

(c) ordinarily
resident in the city for a period of six months preceding the date of the
nomination.

Residence

(5) Where a mayor or
councillor ceases to be ordinarily resident in the city, he or she shall,
within thirty days thereof, vacate office. 1994,c.6,s.5.

Disqualification

6. (1) Any person
holding the office of mayor or councillor shall immediately become
disqualified and shall cease to hold office if

(a) the person becomes
a member of the Legislative Assembly or the Parliament of Canada;

(b) the person becomes
an employee of the city or holds any office or place of profit in the gift
or disposal of the council;

(c) the person is
continuously absent from the city for more than three calendar months or is
absent from the regularly scheduled meetings of the council for more than
three successive calendar months without being thereto authorized by a
resolution of the council, except when such absence is occasioned by
illness; or

(d) the person is
convicted of an indictable offence punishable by imprisonment for five or
more years or an offence under section 123 of the Criminal Code (Canada).

Exception

(2) The provisions of
this section and section 5 shall not render ineligible or disqualify any
person from being elected to and holding the office of mayor or councillor
by reason of being a shareholder of any incorporated company or a volunteer
firefighter in the municipality. 1994,c.6,s.6; 1999,c.19,s.1.

TERM OF OFFICE

Taking office

7. On the third
Monday in November 2010 and on the third Monday in November 2010 and on the
third Monday in November in every fourth year thereafter, the mayor and
councillors shall take
office, and shall continue in office until their successors take office. 1994,c.6,s.7; 2006,c.23.s.1.

Vacancies

8. When any
vacancy occurs in the council, the person elected to fill the vacancy shall
serve out the remainder of the term of the person who vacated the position. 1994,c.6,s.8.

Deputy mayor

9. The mayor
shall appoint, from among the members of the council, a deputy mayor who
shall act in the place of the mayor, in his or her absence or incapacity to
act, and in so acting shall possess the same authority and power as if he or
she were mayor. 1994,c.6,s.9.

Vacancy

10. (1) If any vacancy
occurs in the office of mayor or councillor, the persons qualified to vote
shall, on a date to be fixed not later than twelve months after such
vacancy, elect another duly qualified person to fill the vacancy in
accordance with this Act and the regulations.

Date fixed by mayor or
councillors

(2) The date for an election pursuant to subsection (1) shall be fixed

(a) by the
mayor, where the vacancy is in the office of councillor; or

(b) by a majority of
councillors, where the vacancy is in the office of mayor.

By-election

(3) If any vacancy
occurs within twelve months before the date of the next general civic
election, then a by-election to fill the vacancy need not but may be called.
1994,c.6,s.10; 2001,c.29, s.1.

Resignation of councillor

11. A person holding
the office of councillor may resign office at any time by a written
declaration to that effect and a councillor shall be elected for the
electoral district for which the councillor so resigning was elected. 1994,c.6,s.11.

Leave of absence

11.1 Any person
holding the office of mayor or councillor shall be granted, for the purpose
of running in a federal or provincial election, a leave of absence without
remuneration, beginning when the person has filed nomination papers with the
appropriate election official, and continuing until the end of the election. 2000,c.2,s.1.

ELECTIONS

Election of mayor and
councillors

12. The mayor and councillors
shall be elected by secret ballot on the first Monday in November in every
fourth year commencing on the first Monday in November, 2006. 1994,c.6,s.11; 2006.c.23.s.2.

Elections

13. Subject to section
14, the council shall prescribe electoral officers, procedures governing
elections, the enumeration of electors and all other matters pertaining to
elections including the creation of offences, and shall appoint electoral
officers, returning officers and such poll clerks, scrutineers and other
persons as may be necessary for the conduct of an election. 1994,c.6,s.13.

Qualifications of an
lector

14. (1) The qualifications for an elector are that the elector is

(a) not less
than eighteen years of age;

(b) a Canadian
citizen; and

(c) ordinarily
resident in the city for a period of six months preceding the date of the
election.

Idem

(2) Only qualified electors may vote in city elections.

Offence

(3) Every person who
votes in the city election knowing that he or she is for any reason not
qualified to do so is guilty of an offence and is liable on summary
conviction to a fine not exceeding $2,000 or imprisonment for a term not
exceeding two years, or both.

Technical irregularity
not to affect validity of election

(4) No election shall
be declared invalid for reason of non-compliance with this Act or as to the
taking of the poll, or the counting of votes or by reason of any want of
qualification of the person signing a nomination paper, or of any mistake in
the use of a prescribed form if it appears to any tribunal having cognizance
of the question that the election was conducted in accordance with the
principles of this Act and the bylaws and that the non-compliance or mistake
did not affect the result of the election. 1994,c.6,s.14.

Partisan activity by city
employee

15. (1) No employee of the city shall

(a) directly or
indirectly use or seek to use the authority or official influence of his or
her position to control or modify the political action of any person in any
city election;

(b) at any time take
such part in political activities in any city election so as to impair his
or her usefulness in the position in which he or she is employed; or

(c) be prevented from
voting in any city election if under the law governing elections he or she
has the right to vote.

Restricted employees

(2) The council may by
bylaw establish a class of restricted employees who, by reason of their
rank, position and the nature of their employment, are prohibited from
engaging in partisan work in connection with any city election, including
contributing, soliciting, receiving, or in any way dealing with any money
for any candidate. 1994,c.6,s.15; 1995,c.5,s.2 {eff.} Apr. 1/95.

COUNCIL MEETINGS AND
COMMITTEES

Oath of office

16. The mayor and councillors
shall before taking office take an oath in the form prescribed before such
person as is designated in the bylaws. 1994,c.6,s.16.

Meetings, general monthly

17. (1) The council
shall hold regular monthly meetings in each year on such day as the council
may by resolution determine.

Exception

(1.1) Notwithstanding
subsection (1), council may cancel a monthly meeting where the following
conditions are met:

(a) council passed a
resolution to cancel the monthly meeting;

(b) fifteen days
notice of the cancellation is published in a local newspaper;

(c) no two consecutive
monthly meetings are cancelled; and

(d) at least ten
regular monthly meetings are held in every calendar year.

Special meetings

(2) The council may
hold special meetings at the call of the mayor, after three days notice
thereof, and the mayor shall call a special meeting when so requested in
writing by not less than half of the councillors.

Emergency meeting

(3) In the case of an
emergency the mayor, or deputy or acting mayor in the absence of the mayor,
may call an emergency meeting without notice to the public, after a
reasonable attempt is made to notify every councillor at the councillor's
home and place of work.

Quorum

(4) The quorum at any meeting of the council is

(a) the mayor, or, in
his or her absence, the deputy mayor; and

(b) at least one-half
of the councillors then holding office.

Absence of quorum

(5) No business shall
be conducted at any meeting of the council unless a quorum is present.

Public attendance

(6) Meetings of the council shall be open to the public.

Voting

(7) Each councillor
has one vote and all matters and questions shall be determined by a majority
vote of the councillors present.

Tied vote

(8) The mayor shall
vote on any matter or question before the council only for the purpose of
breaking a tie.

Rules of procedure

(9) The council may
prescribe rules for the conduct of its meetings including attendance
requirements for its members. 1994,c.6,s.17;
2000,c.2,s.2.

Minutes

18. The minutes
of the proceedings of all meetings shall be entered in a book to be kept for
that purpose, and shall be signed by the mayor or person acting in his or
her stead at such meetings, and the minutes shall be open to the inspection
of all persons qualified to vote in the city election. 1994,c.6,s.18.

19. (1) Subject to
subsection (6), the mayor may appoint from among the members of the council
any standing committees consisting of such number of persons as the mayor
considers appropriate for Committees

(a) the better
transaction of the business before council; and

(b) the discharge of
any duty within the scope of the committee's power.

Special committees

(2) The council may by
resolution appoint special committees, chaired by a member of the council,
for any particular purpose which shall report o the council on the matters
committed to them.

Members

(3) The council may
appoint residents to serve on the special committees referred to in
subsection (2).

Meetings

(4) Meetings of committees may be held behind closed doors.

Committee of the whole

(5) The council may by
resolution meet as a committee of the whole.

Authority of council

(6) Every committee
constituted pursuant to subsection (1) shall be subject in all things to the
approval, authority, and control of council. 2000,c.2,s.3.

Conflict of interest

20. No mayor or councillor
shall, subject to subsection 5(3), derive any profit or financial advantage
from his or her position as a member of council and, where a member of
council has any pecuniary interest in or is affected by any matter before
the council, he or she shall declare the interest therein and abstain from
the voting and discussion thereon. 1994,c.6,s.20.

POWERS

Services

21. The council may
provide

(a) administration of
the city;

(b) fire protection
and other emergency services;

(c) garbage and refuse
collection and disposal;

(d) street lighting;

(e) recreation;

(f) drainage,
including the levying of charges upon adjoining landowners for improvements
thereto;

(g) sewage collection
and treatment;

(h) sidewalks,
including the levy of charges upon adjoining land owners for improvements
thereto and including walkways which extend over or under public rights of
way;

(i) streets, including
parking and the regulation of traffic, and including, by resolution of
council, the naming of streets, and the closure of streets on a temporary
basis;

(j) police protection,
discipline of police officers, and all matters relating to law enforcement;

(k) water supply,
distribution and purification;

(l) parks and open
spaces;

(l.1) for
the holding of circuses, shows or exhibitions in parks and open spaces;
(2005,c.2s.1)

(m) community or
regional development including tourism, industrial, commercial and housing
development and promotion and assistance to community organizations and
community development projects;

(n) a capital
commission, including the promotion of the birthplace of the confederation
of Canada;

(o) building and
development services;

(p) land assembly for
city purposes;

(q) local libraries;

(r) animal control;

(s) signage control;

(t) building and
property standards control and including, after reasonable notice has been
given to the property owner to bring the building up to standard, the
provision for demolition of buildings not meeting the minimum required
standards;

(y) a superannuation
plan for the benefit of employees of the city and their dependants;

(z) for the regulation
of the discharge of firearms;

(z.1) for the
regulation of dangerous or unsightly properties;

(z.2) for the
maintenance of order in the city, and, in particular, for regulation of
noise, loitering, and public nuisances. 1994,c.6,s.21; 1996,c.7,s.1;
1999,c.12,s.1; 2000,c.2,s.4; 2005.c.2.s1.

ADMINISTRATION

Administrator

22. (1) The council
shall appoint a chief administrative officer who is not a member of council
and who shall be responsible for all administrative matters and the day to
day administration of the city.

Dismissal

(2) The council shall
not dismiss the administrator except for just cause.

Functions

(3) The chief administrative officer shall

(a) be the senior
policy advisor to the council;

(b) attend all
meetings of the council and record all resolutions, decisions and
proceedings of the council;

(c) keep the minutes,
documents and financial records of the city and maintain a register
containing the originals of all bylaws adopted by the council;

(d) be the custodian
of the corporate seal of the city;

(e) notify all members
of the council of meetings of the council;

(f) collect and
receive all money of the city;

(g) open an account in
the name of the city in a chartered bank or other financial institution
approved by the council and deposit in that account all money received by
the administrator on account of the city

(h) co-sign all
cheques of the city with the mayor;

(i) as soon as
possible after the end of the fiscal year prepare a detailed statement of
the finances of the city and submit it, when audited, to the council;

(j) perform such other
duties as the council may assign.

Delegation

(4) The chief
administrative officer may delegate his or her functions under subsection
(3). 1994,c.6,s.22.

Officers and staff

23. (1) The council
may employ such staff or officers as are necessary for the provision of
administrative and other services provided by the city.

Reporting

(2) The officers and
staff referred to in subsection (1) shall be responsible to and report to
the chief administrative officer.

Delegation of functions

(3) The council may
delegate functions to the chief administrative officer. 1994,c.6,s.23.

Auditor

24. (1) The council
shall appoint an auditor who shall audit the financial statements of the
city.

Qualifications

(2) The auditor shall
be a person qualified to practise as a public accountant under the Public
Accounting and Auditing Act R.S.P.E.I. 1988, Cap. P-28.

Report

(3) The auditor shall,
on or before March 15 in each year, make a report to the council on the
financial statements of the city and shall state in his or her report
whether, in his or her opinion, the financial statements referred to therein
present fairly the financial position of the city and the results of its
operations during the immediately preceding fiscal year, in accordance with
generally accepted accounting principles applied on a basis consistent with
that of the previous fiscal year. 1994,c.6,s.24.

Fiscal year

25. The fiscal year of the city is the calendar year.
1994,c.6,s.25.

Copies to Minister

26. The council
shall on or before March 31 in each year submit to the Minister a copy of
the financial statements of the city, the auditor's report, the approved
budget for the current fiscal year and such other information as the
Minister may require. 1994,c.6,s.26.

TAXATION AND FINANCE

Assessment of real
property

27. All real
property within the boundaries of the city is liable to assessment pursuant
to the Real Property Assessment Act R.S.P.E.I. 1988, Cap. R-4. 1994,c.6,s.27.

User or frontage charges

28. (1) The council
may levy rates on the basis of user or frontage charges and, where certain
services are provided only in certain districts of the city or where the
levels of service vary significantly from district to district, the council
may fix a different rate in respect of those districts, and where different
rates are fixed, the council shall notify the Minister of Finance and
Municipal Affairs and send
to the Minister of Finance and Municipal Affairs a copy of the plan designating each tax
district.

Notification to
Minister of Finance and Municipal Affairs

(2) The city shall
notify the Minister of Finance and Municipal Affairs of the rates of municipal taxation levied
under this section.

Lien

(3) All rates
constitute a lien on the real property on which it is levied until payment
is made, which has priority over every claim, privilege or encumbrance of
every person, except the Crown, against that property. 1994,c.6,s.28; 2010,c.31,s.3.

Water and sewerage,
corporation

29. (1) Where the
council determines to provide within the city sewage collection and
treatment or water distribution and purification pursuant to clause 21(g) or
(k) it shall make a bylaw

(a) prescribing the
name, composition and functions of a corporation to construct, manage,
maintain and operate the utility in accordance with the Water and Sewerage
Act R.S.P.E.I. 1988, Cap. W-2;

(b) requiring the
corporation to maintain separate accounts and to prepare an annual financial
statement.

Body corporate

(2) A corporation
established pursuant to subsection (1) is hereby constituted a body
corporate.

User rates and frontage
charges

(3) A corporation
established pursuant to subsection (1) may levy such user rates or frontage
charges as may be approved by the council. 1994,c.6,s.29.

Maximum frontage upon
which rate may be levied

30. Where rates
are levied by the city or a corporation established pursuant to section 29
for water or sewerage services by means of frontage charges, the maximum
frontage of any parcel of land in respect of which rates may be levied is
one hundred feet if the parcel qualifies for a farm assessment under the Real Property Assessment Act.1994,c.6,s.30.

Service deemed to be
received

31. For the
purposes of this Act, a person along whose lands run sewer or water mains
shall be deemed to receive services notwithstanding that such sewer or water
mains are not physically connected by lateral lines to any residence,
building or other structure situate upon the lands of that person. 1994,c.6,s.31.

Lien for water, sewerage

32. User rates
or frontage charges under section 29 constitute a lien on the real property
on which they are levied until payment is made, which has priority over
every claim, privilege or encumbrance of every person, except the Crown,
against the property. 1994,c.6,s.32.

Interest

33. All taxes,
rates and charges bear interest from the due date at the rate prescribed for
real property tax pursuant to the Real Property Tax Act R.S.P.E.I.
1988, Cap. R-5. 1994,c.6,s.33.

License and other fees

34. The council
may impose license fees upon any person carrying on any business in the
city. 1994,c.6,s.34.

Financial management

35. Subject to
section 37, the council is responsible for the financial management of the
city and shall determine the rate of municipal taxation necessary to provide
services in the city. 1994,c.6,s.35.

Definitions

35.1 (1) In this section,

accommodation

(a) "accommodation" means
the provision of lodging in a tourism establishment;

operator

(b) "operator" means the
operator of a tourism establishment;

purchase
price

(c) "purchase price"
means the price for which accommodation is purchased, including the price in
money, the value of services rendered and other consideration accepted by
the operator in return for the accommodation provided, but does not include
the goods and services tax;

(2) The council may
impose a levy, to be known as the tourism accommodation levy, on any person
who, for a daily charge, fee or remuneration purchases accommodation at a
tourism establishment in the city.

Rate

(3) The tourism
accommodation levy shall be at such rate as may be set by the council but
shall not be more than three per cent of the purchase price of the
accommodation.

Tourism
establishments affected

(4) The tourism
accommodation levy may be imposed, as the council may determine, on the
purchase of accommodation

(a) at every tourism
establishment in the city; or

(b) at only those tourism
establishments in the city that have the minimum number of rental units
prescribed by bylaw.

Use of
tourism accommodation levy

(5) The council shall use
the tourism accommodation levy imposed and collected pursuant to this
section to promote the city as a tourist destination.

Grants

(6) Without restricting
the generality of subsection (4) and notwithstanding any other enactment,
the council may pay such portion of the tourism accommodation levy collected
by way of a grant as the council considers appropriate to any organization
formed to promote the city as a tourist destination, whether such
organization is non-profit or otherwise.

Operator
deemed to be agent

(7) Where the tourism
accommodation levy is imposed, pursuant to this section, on the purchase of
accommodation at a tourism establishment in the city, the operator of the
tourism establishment is deemed to be an agent of the city for the purpose
of collecting the tourism accommodation levy and remitting it to the city,
and as such the operator shall, in accordance with subsection (8), collect
the tourism accommodation levy from the purchaser and remit it to the city.

Collection
of levy

(8) The tourism
accommodation levy, whether the price is stipulated to be payable in cash,
on terms, by instalments or otherwise, shall be collected at the time of the
purchase on the total amount of the purchase price and shall be remitted to
the city at the times and in the manner established by bylaw made pursuant
to subsection (9).

Bylaw

(9) The council may make
such bylaws as it considers necessary to implement a tourism accommodation
levy and, without limiting the generality of the foregoing, may pass a bylaw
to

(a) determine, pursuant
to subsection (4), which tourism establishments in the city are required to
impose and collect the tourism accommodation levy;

(b) provide for the forms
and records to be maintained by an operator and the information to be
recorded therein;

(c) provide for

(i) the method of the
collection of the tourism accommodation levy by the city and the remittance
of the tourism accommodation levy by an operator, and

(ii) any other conditions
or requirements affecting the collection and remittance of the tourism
accommodation levy;

(d) provide for the rate
of the tourism accommodation levy that is to be collected including, if so
prescribed, a minimum and maximum levy;

(e) provide for the
method by which a purchase price may be attributed to accommodations that
are sold as part of a combination of accommodations, meals and specialized
goods or services;

(f) provide for the
inspection and audit of records maintained by the operator;

(g) provide for the
imposition of interest charges and penalties for the failure by an operator
to collect or remit the levy as required by the bylaw;

(h) establish the times
at which, and the manner in which, operators are to remit the tourism
accommodation levy to the city. 2006,c.12,s.1;
2011,c.35,s.1.

Budgets

36. The
estimates and budget of the city shall be fixed on or before March 31 in
each year. 1994,c.6,s.36.

Deficit budgeting

37. The council
shall not project a deficit in its estimates or budget for any year in
respect of expenditures other than capital expenditures. 1994,c.6,s.37.

Rates

38. Following
approval of the estimates for any year and after crediting the probable
revenue from all sources other than taxes, the council shall by resolution
levy a rate or rates of municipal taxation sufficient to raise the sum
required to defray projected expenditures of the city for that year. 1994,c.6,s.38.

Surplus

39. The council
shall cause any surplus in the general fund at the end of a fiscal year to
be transferred to the general fund for the next fiscal year or to a reserve
fund. 1994,c.6,s.39.

Interim expenditure

40. During the
period from the end of a fiscal year until approval of the estimates for the
next fiscal year, the council shall not incur expenditures except those
necessary for the day to day administration of the city. 1994,c.6,s.40.

RESERVE FUND

Reserve

41. The council may establish a reserve fund for

(a) expenditures in
respect of capital projects including the extension and replacement of
existing capital works and expenditures in respect of any land, machinery or
equipment necessary for the completion of capital projects; and

(b) the purchase,
depreciation and replacement of machinery and equipment used for city
purposes.

(c) the repayment of
debentures;

(d) the provision of
employee benefits. 1994,c.6,s.41; 2000,c.2,s.5.

BORROWING

Long term borrowing for
capital projects

42. (1) Subject to
subsection (2), the council may borrow money by way of loan or the issue of
debentures for capital, operating or other expenditures.

Borrowing limit

(2) Except as may be
authorized by the Lieutenant Governor in Council for special projects or in
exceptional circumstances, the council may not borrow money for capital
expenditures if the result of the borrowing would be to increase the debt of
the city to an amount in excess of ten per cent of the current assessed
value of real property in the city or such other amount as the Lieutenant
Governor in Council may determine.

Signatories etc. of
debentures etc.

(3) Security documents
issued under subsection (1) or section 43 shall be signed, issued and
reissued in such manner as may be prescribed. 1994,c.6,s.42; 2000,c.2,s.6;
2009,c.80,s.1.

Short term or interim
financing

43. Nothing in
section 42 precludes the council from borrowing money from a savings
institution on an interim basis in relation to capital expenditure or on a
short term basis to finance current operating expenditures. 1994,c.6,s.43.

LIABILITY FOR DAMAGES

Indemnity for unsafe
sidewalk etc.

44. In all
cases where the city may be held liable for damages sustained in consequence
of the unsafe condition of, or nuisance or encumbrance on, city property, it
shall have a right to indemnity from, and have a remedy against the person
or corporation by whose act or conduct the property was rendered unsafe, or
by reason of whose act or conduct the damage or injury arose. 1994,c.6,s.44.

Notice of claim within
three months, unsafe sidewalk

45. (1) In no case
shall the city be liable for damages sustained in consequence of the unsafe
condition of the street or sidewalk or from a nuisance or encumbrance on the
sidewalks, squares or streets of the city, unless a notice in writing of the
claim for such damages be given to the chief administrative officer by the
party injured within ninety days from the time when the cause of action
arose.

General

(2) Except as provided
in subsection (1), all actions against the city shall be commenced within
six months next after the cause of action arises. 1994,c.6,s.45.

Gross misfeasance re snow
removal etc.

46. In no case unless
for gross misfeasance shall the city or any person, by reason only of any
bylaw of the city compelling removal of snow and ice from the sidewalks, be
held liable for damages for any occurrence upon any streets, sidewalk,
square or crossing, or other public place in the city, attributable to the
existence of any condition of snow, ice, sleet or rainfall or to any action
of frost or to any condition resulting from change of weather or season; and
no undertaking, continuance, cessation or interruption by the city of any
active or enforcing measures for general safety or convenience shall in any
way prejudice the city's nonliability under this section. The city is not
liable for any damage caused by a decision related to the system of
inspections, examinations, evaluations and investigations including a
decision relating to their frequency and the manner in which they are
carried out. 1994,c.6,s.46.

Action affecting
adjoining property

47. In no case
unless for gross misfeasance shall the city be liable to the owners or
occupiers of adjoining property for damages to the adjoining property
occasioned by the grading, building up or cutting down of any street, land,
alleyway or sidewalk. 1994,c.6,s.47.

Definition of sewer

47.1
(1) In this section, "sewer" includes any sanitary or storm sewer, or
combination of sanitary or storm sewers, drain, ditch, or watercourse that
is

(a) the property, in
whole or in part, of the city; or

(b) located within the
city.

Limitation of liability

(2) The city shall not
be liable for loss or damage suffered by any person by reason of the
discharge or overflow of water or effluent from a sewer, unless the
discharge or overflow is shown to be directly due to the negligence of the
city or one of its employees. 2000,c.2,s.7.

Good faith

48.
The city, the mayor, any councillor and any officer or employee of the city
shall not be liable for any act done in good faith or purporting to be done
under the authority of this Part. 1994,c.6,s.48.

EXPROPRIATION

Expropriation for public
works etc.

49. (1) The council
may, in accordance with the provisions of this Part, expropriate any land,
or any interest in land in the city that it may consider expedient for a
public work or other public purpose, and, in particular

(a) for use as a
public parking area;

(b) for use as a water
line, sewer line or a combined sewer-water line area or for use as a well or
well field;

(c) to provide sites
for any public building or project;

(d) to provide sites
for publicly assisted rental housing;

(e) for development or
re-development;

(f) for use as
streets, drains, sewers and watercourses.

Water lines etc.

(2) Clause 1(b)
applies in respect of land within 24 kilometres of the city. 1994,c.6,s.49;
1995,c.5,s.3 {eff.} Apr. 1/95; 2000,c4.1,s.8.

Majority for
expropriation resolution

50. The
expropriation of land or any interest in land shall be made only upon a
resolution of the council at a regular meeting and upon a vote of two-thirds
of the councillors and after notice of such resolution having been given at
the last regular meeting of the council. 1994,c.6,s.50.

Notice of intention

51. The resolution referred to in section 50, shall be entitled "Notice of
Intention to Expropriate" and shall set forth
to expropriate

(a) a general description of the lands;

(b) the nature of the interest intended to be expropriated;

(c) an indication of the public work or other public purpose for
which the interest is required;

(d) a statement that it is intended that the interest be expropriated by the
city upon the registration and filing in the office of the Registrar of
Deeds of a legal description of the said lands and a survey plan thereof.
1994,c.6,s.51.

Power of entry to
survey land

52. After the passing of any resolution intending the expropriation
of land or an interest in land, a person authorized by the council shall
have the power to enter upon the land proposed to be expropriated and make a
survey thereof.
1994,c.6,s.52.

Filing in registry

53. (1) A certified copy of the resolution referred to in section 50, the
survey plan and a legal description of the land, signed by a qualified land
surveyor, the mayor and the chief administrative officer, with the
corporate seal of the city affixed, shall be filed and registered in the
office of the Registrar of Deeds and such land or interest in land, upon
the filing and registration of such resolution, plan and description, shall
thereupon become vested in the city for the purposes set out in the
resolution.

Errors

(2) Where a resolution, survey plan or legal description registered
pursuant to this section contains any omission, mis-statement or
erroneous description, a corrected resolution, survey plan or legal
description may be registered, which shall be deemed to relate back to
the day the original resolution, survey plan or description was registered.

Failure to identify
interest

(3) A resolution registered under this section is not invalid by reason only
that it does not set forth the nature of the interest intended to be
expropriated and, in such case, the interest intended to be expropriated
includes all the interest in the land to which the resolution relates.
1994,c.6,s.53.

Conveyance of
expropriated
interest

54. Any land or interest in land expropriated in accordance with the
provisions of this Part and upon becoming vested in the city pursuant to the
operation of section 53, may be conveyed, leased, assigned or otherwise
legally transferred by the city to any other person in order to better
effect the intended purpose of the expropriation.
1994,c.6,s.54.

Buildings etc.

55. All buildings, structures, or erections of all types on the land
so expropriated may be removed and disposed of by the city and the proceeds
thereof shall belong to the city.
1994,c.6,s.55.

Compensation

56. If the city fails to arrive at an agreement with the owner of any
land or interest in land expropriated as to the compensation to be paid by
the city, or if the owner or any parties interested in the land is or are
under disability or incapable in law of entering into an agreement or is or
are absent from the province, or if any doubt or dispute exists or arises
either as to the ownership of the land or as to the apportionment of the
compensation money among the parties interested or having or asserting any
claim or interest therein, then and in any and all such cases, the council
shall, by resolution, determine what amount the city considers it should pay
for such land and the chief administrative officer shall mail by registered
letter a copy of such resolution to the owners or other parties interested
in the lands who are within the province and whose names and addresses are
known to the chief administrative officer, offering such amount as stated in
the resolution as compensation for the interest expropriated.1994,c.6,s.56.

Resolution of
disputes

57. If the owner or any party interested in the land fails or refuses to
accept the sum so offered, within twenty days of the receipt of the offer,
or, if the owner or any party interested in the land is absent from the
province or is under disability, or for any reason incapable in law of
entering into an agreement regarding compensation money or executing
the proper discharge therefor, or, if any doubt or dispute exists or arises
whether as to the ownership of the land or as to the apportionment of the
compensation money among the parties interested or having or asserting any
claim or interest therein, then and in any and all such cases, the amount of
the compensation money, the parties to whom the same shall be payable and
the allotment and disposal thereof among the parties found to be entitled
thereto, shall be determined by the Supreme Court upon proceedings to be
instituted by the city for that purpose.
1994,c.6,s.57.

Application to
Supreme Court

58. The proceedings shall be commenced by application to the Supreme
Court to be signed by the mayor and chief administrative officer setting
out

(a) the resolution of the council for the expropriation of the land and
the date thereof together with a description of the land and the date
on which the resolution, survey plan and description were filed and
registered in the office of the Registrar of Deeds;

(b) persons who at such date had any estate or interest in the land
and the particulars of the estate or interest and any charge, lien or
encumbrances to which it was subject, so far as is known;

(c) the resolution indicating the sum of money which the city is
willing and ready to pay as the compensation for the land and the
date thereof;

(d) any other facts material to the determination of the question involved
in the proceeding and as set forth in the application.
1994,c.6,s.58.

Questions to be
determined

59. The application shall be deemed and taken to be the institution
of suit against the persons named therein and shall request the court to
determine the proper compensation money to be paid and to make findings as
to the persons entitled to compensation and the allotment of the money among
those entitled.
1994,c.6,s.59.

Procedures

60. The application shall be dealt with in accordance with the rules
of court and the court may determine any matters of procedure not otherwise
provided for in the rules of court.
1994,c.6,s.60.

City takes free of
claims and interests

61. Upon final disposition of an application by the court the city
shall be free and discharged from all claims, interests, rents, charges,
annuities, liens, judgments, mortgages or any other encumbrance upon the
land or property or other debts or claims whatsoever.
1994,c.6,s.61.

Abandonment of
expropriation by
resolution

62. Where at any time before any compensation is paid in respect of
land or an interest in land expropriated, the council determines that the
land or interest in land is not or is no longer required by the city, it may
by resolution, abandon the interest expropriated, a certified copy of such
resolution shall thereupon be filed or registered in the office of the
Registrar of Deeds and the abandoned land or interest in land shall
thereupon vest in and revert to the respective owners of each part of the
land or interest in land at the time of expropriation.
1994,c.6,s.62.

LAND ACQUISITION

Acquisition
otherwise than by
expropriation

63. The city may acquire by purchase or otherwise any lands or areas
within or outside the boundaries of the city, the acquisition of which the
council considers to be of advantage to the city, and to hold, use, lease,
sell, encumber or otherwise dispose of the same in the discretion of the
council.
1994,c.6,s.63.

STREETS

Streets etc., vested
in city

63.1
All public streets and all sewers, drains and ditches located within the
boundaries of the city are vested in the city and the council shall have
full control over them.
1995,c.5,s.4 {eff.} Apr. 1/95.

Repair, etc.

63.2 (1) The council shall have the supervision and general control over
the laying out, opening, altering, building, improving, maintenance and
repair of all streets in the city.

Opening, etc. street
requires council approval

(2) No person shall, without the approval of the council,

(a) open or authorize the opening of any street; or

(b) permit the interconnection of a street or proposed street with
another street.

Condition re costs

(3) Prior to granting approval, the council shall ensure that all costs
associated with such opening or interconnection are or will be paid for
by the person benefiting therefrom or authorizing the opening or
interconnection.

Agreement

(4) The council may

(a) enter into agreements with a person respecting the construction
of streets and the payment of costs related to such construction;

(b) make its approval subject to such conditions as it sees fit,
including a condition requiring the conveyance of the street to the
city.

Construction cost
borne by person
requesting access

(5) Where an access to a street has been requested by a person, and the
cost thereof has been determined and made known to that person before
the work is undertaken, the council may impose, charge, and collect the
cost associated with the construction, improvement, or intensification of
the use of any access to the person benefiting therefrom.

Closure of access

(6) Where the costs imposed are charged under subsection (5) and
remain unpaid for a period of thirty days, the council may close or
remove the access, and charge the cost of the closure or removal to the
person benefiting from the access.

Recovery of costs

(7) Where the person to whom costs have been charged under subsection (5)
are not paid, the council may commence a proceeding in the Supreme Court for
the recovery of such costs and charges.
1995,c.5,s.4{eff.} Apr. 1/95.

Discontinuance

63.3 (1) Where in the opinion of the council a street or any portion of a
street is not required for use by the public, it may cause such street or
portion thereof to be discontinued

(a) by recording in the registry office for Queen's County a plan
thereof together with a certificate to the effect that such street or
portion thereof is discontinued; or

(b) by recording in the registry office a certificate to the effect that
such street or portion thereof is discontinued, which certificate shall
describe that street or portion thereof in relation to property owners,
property lines and existing highways or roads with sufficient
particularity to enable the identification of that street or portion thereof
and thereupon that street or portion thereof ceases to be a street.

Alternative access

(2) Where the discontinuance of a street or portion thereof would
isolate any property from a highway or road or where buildings are
located along the land abutting a highway or road, the council shall not
cause such street or portion thereof to be discontinued unless in its
opinion adequate access to a highway or road is provided.

Cessation of public
right of way

(3) Where a street or portion thereof is discontinued under this section,
all rights of the public to pass over the discontinued street or portion
thereof cease.
1995,c.5,s.4{eff.} Apr. 1/95.

Obstruction

63.4 (1) No person shall cause any obstruction or make any
encroachment upon any street or obstruct or encroach upon any sewers,
drains, ditches, watercourse or public easement upon or leading to, from
or across any street.

Removal of
obstruction

(2) The council may remove any obstructions referred to in subsection
(1) at the expense of the person causing or being responsible for the
obstruction.
1995,c.5,s.4 {eff.} Apr. 1/95.

Victoria Park

63.5
(1) Notwithstanding anything to the contrary in any other enactment or any
restrictive covenant, the council may permit, and has always been able
to permit, the lands comprising Victoria Park to be used for any purpose
which the council determines to be in the public interest and not to unduly
detract from the physical or environmental integrity of Victoria Park,
including the use of such lands for

(a) the purposes of a park,
promenade, pleasure ground and place of recreation or roadway; and

(b) for the purposes of
holding a circus, show or exhibition,

and such
use

(c) does not cause and has
never caused the reversion of any of the lands comprising Victoria Park to
Her Majesty in right of the Province or any other person; and

(d) is subject only to such
conditions as the council may, by bylaw, impose.

Legal proceedings

(2) For
greater certainty, this section applies in respect of any proposed use of
the lands comprising Victoria Park that is, as of the date this section
comes into force, subject to legal proceedings before the Supreme Court.

Lands comprising and
generally known as Victoria Park

(3) For
the purposes of this section, a reference to the lands comprising Victoria
Park includes the lands which were vested in the City of Charlottetown by
virtue of

(a) a certain Grant by Her
Majesty The Queen in right of Canada to the City of Charlottetown dated
August 3, 1984 and registered at the Office of the Registrar of Deeds for
Queens County on August 2, 1984 in Book 400 at Page 74; and

(b) the following Acts of this
Province:

(i) An Act to vest a certain portion of Government House Farm in the City
of Charlottetown for certain purposes therein mentioned, 36 Victoria,
Cap. 30,

64. (1) The council may make bylaws that are considered expedient and
are not contrary to this or any other Act or regulations for the peace,
order and good government of the city, the provision of municipal
services within the city, the exercise of any powers under section 21, city
elections, and any other matter within the jurisdiction of the city.

Use of parks

(1.1.) For greater certainly,
the council may make bylaws under subsection (1)

(a) generally respecting the
terms and conditions governing the use, occupation and enjoyment of the
lands comprising Victoria Park or any other park including all the
improvements, walkways and roadways in Victoria Park or any other park; and

(b) providing for the setting,
levying and collection of reasonable user fees, admission charges or the
like by resolution of council. (2005.c.2.s.3)

Penalties and
enforcement

(2) Bylaws may create offences, prescribe penalties not exceeding a
fine of $5,000 and prescribe means of enforcement.

Restraining breach
of bylaw

(3) Any bylaw made pursuant to the powers conferred by this Part may
be enforced and the breach thereof may be restrained by application by
the council to the Supreme Court and the judge may grant any one or
more of the remedies set out in subsection 24(2) of the Planning Act.

Entry on lands

(4) Where a landowner fails to comply with a written notice given
pursuant to a bylaw regarding dangerous and unsightly premises, council
may, by resolution, authorize any person to enter on the landowner's
premises for the purpose of carrying out the terms of the notice.

Dangerous premises

(5) Where, in the opinion of the council, there exist reasonable and
probable grounds that immediate danger to the life or safety of any
person exists by reason of a dangerous or dilapidated building, the chief
administrative officer, supported by a resolution of council, may
authorize any person to enter on the premises where the building is
located in order to

(a) repair or demolish the building; or

(b) evict any person inhabiting the building.

Costs

(6) Any reasonable costs incurred by the city pursuant to subsections (4) or
(5) shall, until payment is made, constitute a lien having priority over
every claim, privilege, or encumbrance of any person except the Crown on the
real property subject to notice to the property owner.
1994,c.6,s.64; 2000,c.2,s.8; 2005.c.2.s.3.

Procedure

65. (1) A bylaw is made if

(a) it is read and formally approved by a majority of the councillors
on two occasions at meetings of the council held on different days;

(b) after being read a second time it is formally adopted by
resolution of the council; and

(c) it is signed by the mayor and the chief administrative officer, and
formally declared to be passed, and sealed with the corporate seal of
the city.

(2) Any bylaw authorized by this Act may delegate administrative acts
and the exercise of authority and discretion under the bylaw to
Delegation

(a) the mayor;

(b) any committee constituted by council;

(c) the chair of any committee constituted by council; or

(d) any official of the city.
1994,c.6,s.65; 2000,c.2,s.9.

Record of bylaws

66. Where a bylaw is made under section 65

(a) the minutes of the meeting shall record the name of the bylaw
and the fact that it is passed;

(b) a copy of the bylaw bearing the signature of the mayor and the
chief administrative officer and engrossed with the city seal shall be
entered in the register of bylaws maintained by the chief
administrative officer;

(c) a copy of the bylaw certified by the chief administrative officer and
bearing the city seal shall be filed with the Minister within seven days of
the day on which the bylaw was passed.
1994,c.6,s.66.

Inspection of
register

67. The register of bylaws of the city shall be available for public
inspection at the office of the city during its business hours.
1994,c.6,s.67.

Evidence

68. A copy of any bylaw, written, printed or otherwise reproduced,
and under the seal of the city, certified to be a true copy by the chief
administrative officer or the mayor, shall be received in evidence as proof
of its making and of its contents without further proof in any court nor
shall any further proof be required of the official character of the
signatory of his or her signature or of the seal of the city.
1994,c.6,s.68.

Offences, enforcement

69. (1) Offences against a bylaw shall be prosecuted in accordance with

(a) the Summary Proceedings Act R.S.P.E.I. 1988, Cap. S-9; or

(b) in the case of a traffic offence or ticket in accordance with a
bylaw passed pursuant to subsection (2).

Form etc. of ticket
summons prescribed

(2) The council may make bylaws

(a) prescribing the form of traffic ticket to be used for the
purpose of
laying an information and issuing a summons as provided under
clause (1)(b);

(b) authorizing the use of any word or expression on a traffic ticket
to designate an offence under any bylaw regulating traffic made
under this Part;

(c) prescribing the manner in which an information may be laid and a
summons may be issued by a traffic ticket;

(d) prescribing the manner in which a summons issued by a traffic ticket may be delivered to the person charged with an offence,
whether by personal service or otherwise, and the means by which
delivery of such a summons may be proved;

(e) providing that a summons issued by a traffic ticket may be
endorsed with a notice that the person to whom the summons is
directed may pay out of court a specified penalty by signing a form
of guilty plea, as prescribed by bylaw, that upon receipt of the
summons with a guilty plea affixed thereon a provincial court judge
or justice of the peace appointed under the Provincial Court Act
R.S.P.E.I. 1988, Cap. P-25 may convict the person to whom the
summons is directed of the offence described in the summons, and
that a signature affixed to the prescribed form which purports to be
the signature of the person to whom the summons is directed is
proof that it is the signature of that person;

(f) respecting any other matter relating to the use of a traffic ticket.
1994,c.6,s.69.

SIGNATURES

Signature by
facsimile

70. The mayor or chief administrative officer may sign his or her
name to any cheque, bond, order, debenture or other document on behalf of
the city by means of a facsimile stamp of his or her signature.
1994,c.6,s.70.

OFFENCES

Offence and penalty

71. (1) Every person who contravenes any provision of this Part, any
bylaw or regulation made under this Part for which no other penalty is
specifically provided is guilty of an offence and liable on summary
conviction

(a) on a first conviction, to a fine not exceeding $5,000 or
imprisonment for a term not exceeding two years, or both;

(b) on a subsequent conviction, to a fine of not more than $500 for
each day upon which the contravention has continued after the day
on which he or she was first convicted or imprisonment for a term
not exceeding two years, or both.

Limitation period

(2) Any prosecution for an offence under subsection (1) may be instituted
within one year after the time when the contravention occurred.
1994,c.6,s.71.

Regulations

72. The Lieutenant Governor in Council may make regulations and, in
particular, for the effective transition to the government of the City of
Charlottetown from administration under the Acts repealed by section 73 to
administration under this Act.
1994,c.6,s.72.

Repeals

73. Repeals.
1994,c.6,s.73.

Consequential
amendments

74. The Acts set out in Column I of Schedule 2 are amended as set out
in Column II of that Schedule.
1994,c.6,s.74.

Transitional
provisions

75. (1) This Act shall have effect subject to the transitional provisions
set
out in Schedule 3.

Saving for accrued
and other rights of
non-union employees

(2) Notwithstanding subsection (1) or any other provision of law,
employment matters shall be determined on the basis of equity and

(a) the accrued rights of employees in respect of sick leave, vacation
leave and pension rights shall be recognized by the new City of
Charlottetown as if the employee had remained an employee of one
of the existing municipalities;

(b) for the purposes of hiring, promotion, transfer, demotion, lay off,
permanent reduction of the work force and recall only, length of
service with one of the municipalities referred to in Schedule 1 shall
be a determining factor, whether or not the employee was a member
of the bargaining unit;

(c) the Minister may appoint a person to resolve any dispute arising
out of attribution of length of service and that person shall have the
powers necessary to resolve the dispute.

Employees of
sewerage and water
utilities

(3) In this section and Schedule 3 references to employees and existing
employees of existing municipalities include employees and existing
employees of sewerage and water utilities serving those municipalities.
1994,c.6,s.75; 1995,c.5,s.6 {eff.} Apr. 1/95.

(iii) any right to, over or in respect of land that might be conferred
by the owner of the land, whether or not that right, if conferred by
the owner, could be asserted against a subsequent owner of the
land,

(iv) any restriction on the use of land that might be assumed by
covenant or other agreement, whether or not the restriction, if
assumed by the owner of the land, could be asserted against a
subsequent owner thereof, and

(v) the exclusive possession of land for a limited time or for a
definite or indefinite period;

mayor

(d) "mayor" means mayor of the town;

Minister

(e) "Minister" means the Minister of Finance and Municipal
Affairs;

ordinarily resident

(f) "ordinarily resident" has the same meaning as in the Election Act;

prescribed

(g) "prescribed" means prescribed by a bylaw under section 139 or
144;

regulations

(h) "regulations" means regulations under section 147;

resident

(i)
"resident" means a person who has attained the age of eighteen
years and is ordinarily resident within the boundaries of the town;

town

(j) "town" means the Town of Stratford or the Town of Cornwall, as the case
may be, established under section 78.
1994,c.6,s.76; 1995,c.5,s.13,14; 1997,c.20,s.3; 2000,c.5,s.3; 2009.c.73,s.2;
2010,c.31,s.3.

Purpose of this Act

77. The purposes of this Part are

(a) to amalgamate certain municipalities in the greater Charlottetown area;

(b) to create two new municipalities to be named the Town of
Stratford and the Town of Cornwall;

(c) to provide for the government of the new municipalities;

(d) to make transitional provisions for the transfer of functions from the
existing municipalities to the new municipalities.
1994, c.6, s.77.

Constitution of Towns

78. (1) There is established

(a) a municipality to be known as the Town of Stratford comprising
the existing municipalities and unincorporated areas set out in
Schedule 4;

(b) a municipality to be known as the Town of Cornwall comprising
the existing municipalities set out in Schedule 5.

Corporation

(2) The residents of each town are constituted a corporation with all
the powers of a corporation set out in section 16 of the Interpretation
Act.

Change of name

(3) The Lieutenant Governor in Council may, after passage of a council
resolution and receipt of an application from the municipality affected, by
order published in the Gazette, amend the name of the municipalities created
under subsection (1).
1994,c.6,s.78.

Electoral districts

79. Subject to the provisions of Schedule 6, the electoral districts
of the town shall be determined by the council.
1994,c.6,s.79.

COUNCIL

Mayor and council

80. (1) The administration of the town is vested in a mayor and six councillors elected in accordance with this Act, who collectively
constitute the town council.

Governing body

(2) The council is the governing body of the town.

Remuneration and
expenses

(3) Subject to the provisions of Schedule 6, the council may by bylaw
provide for payment to the mayor and to councillors

(a) of annual salaries of such amounts as may be specified in the
bylaw; and

(b) such additional amounts, as may be set out in the bylaw, as
allowances for expenses incidental to the discharge of their duties.

Eligibility for office

(4) The qualifications for nomination and for holding office as a mayor
or councillor of the town are that the nominee is

(a) not less than eighteen years of age;

(b) a Canadian citizen; and

(c) ordinarily resident in the town for a period of six months
preceding the date of the nomination.

Residence

(5) Where a mayor or councillor ceases to be ordinarily resident in the
town, he or she shall, within thirty days thereof, vacate office.
1994,c.6,s.80.

Disqualification

81. (1) Any person holding the office of mayor or councillor shall
immediately become disqualified and shall cease to hold office if

(a) the person becomes a member of the Legislative Assembly or the
Parliament of Canada;

(b) the person becomes an employee of the town or holds any office
or place of profit in the gift or disposal of the council;

(c) the person is continuously absent from the town for more than
three calendar months or is absent from the regularly scheduled
meetings of the council for more than three successive months
without being thereto authorized by a resolution of the council,
except when such absence is occasioned by illness; or

(d) the person is convicted of an indictable offence punishable by
imprisonment for five or more years or an offence under section 123
of the Criminal Code (Canada).

Exception

(2) The provisions of this section and section 5 shall not render
ineligible or disqualify any person from being elected to and holding the
office of mayor or councillor by reason of being a shareholder of any
incorporated company or a volunteer firefighter in the municipality.
1994,c.6,s.81; 1999,c.19,s.1.

TERM OF OFFICE

Taking office

82. On the third Monday in November 2010 and on the third Monday in
November in every fourth year thereafter, the mayor and councillors shall take office, and shall continue in office until their successors take
office.
1994,c.6,s.82; 2006,c.23.s.2.

Vacancies

83. When any vacancy occurs in the council, the person elected to
fill the vacancy shall serve out the remainder of the term of the person who
vacated the position.
1994,c.6,s.83.

Deputy mayor

84. The mayor shall appoint, from among the members of the council, a
deputy mayor who shall act in the place of the mayor, in his or her absence
or incapacity to act, and in so acting shall possess the same authority and
power as if he or she were mayor.
1994,c.6,s.84.

85. (1) If any vacancy occurs in the office of mayor or councillor, the
persons qualified to vote shall, on a date to be fixed not later than twelve
months after such vacancy, elect another duly qualified person to fill the
vacancy in accordance with this Act and the regulations.

Date fixed by
mayor or
councillors

(2) The date for an election pursuant to subsection (1) shall be fixed

(a) by the mayor, where the vacancy is in the office of councillor; or

(b) by a majority of councillors, where the vacancy is in the office of
mayor.

By-election

(3) If any vacancy occurs within twelve months before the date of the next
general civic election, then a by-election to fill the vacancy need not but
may be called.
1994,c.6,s.85, 2001, c.29, s.1.

Resignation of
councillor

86. A person holding the office of councillor may resign office at any
time by a written declaration to that effect and a councillor shall be
elected for the electoral district for which the councillor so resigning was
elected.
1994,c.6,s.86.

Leave of absence

86.1 Any person holding the office of mayor or councillor shall be
granted, for the purpose of running in a federal or provincial election, a
leave of absence without remuneration, beginning when the person has filed
nomination papers with the appropriate election official, and continuing
until the end of the election.
2000,c.2,s.10.

ELECTIONS

Election of mayor
and councillors

87. The mayor and councillors shall be elected by secret ballot on
the first Monday in November in every fourth year commencing on the first
Monday in November, 2006.
1994,c.6,s.87; 2006,c.23,s.4.

Elections

88. Subject to section 89, the council shall prescribe electoral officers,
procedures governing elections, the enumeration of electors and all other
matters pertaining to elections including the creation of offences, and
shall appoint electoral officers, returning officers and such poll clerks, scrutineers
and other persons as may be necessary for the conduct of an election.
1994,c.6,s.88.

Qualifications of an elector

89. (1) The qualifications for an elector are that the elector is

(a) not less than eighteen years of age;

(b) a Canadian citizen; and

(c) ordinarily resident in the town for a period of six months
preceding the date of the election.

Idem

(2) Only qualified electors may vote in town elections.

Offence

(3) Every person who votes in the town election knowing that he or
she is for any reason not qualified to do so is guilty of an offence and is
liable on summary conviction to a fine not exceeding $2,000 or
imprisonment for a term not exceeding two years, or both.

Technical
irregularity not to
affect validity of
election

(4) No election shall be declared invalid for reason of non-compliance
with this Act or as to the taking of the poll, or the counting of votes or
by
reason of any want of qualification of the person signing a nomination
paper, or of any mistake in the use of a prescribed form if it appears to
any tribunal having cognizance of the question that the election was
conducted in accordance with the principles of this Act and the bylaws
and that the non-compliance or mistake did not affect the result of the
election.
1994,c.6,s.89.

Partisan
activity by town employee

90. (1) No employee of the town shall Partisan activity by

(a) directly or indirectly use or seek to use the authority or official influence of his or her position to control or modify the political
action of any person in any town election;

(b) at any time take such part in political activities in any town
election so as to impair his or her usefulness in the position in which
he or she is employed; or

(c) be prevented from voting in any town election if under the law
governing elections he or she has the right to vote.

Restricted
employees

(2) The council may by bylaw establish a class of restricted employees
who, by reason of their rank, position and the nature of their
employment, are prohibited from engaging in partisan work in
connection with any town election, including contributing, soliciting,
receiving, or in any way dealing with any money for any candidate. 1994,c.6,s.90; 1995, c.5, s.7 {eff.} Apr. 1/95.

COUNCIL MEETINGS AND COMMITTEES

Oath of office

91. The mayor and councillors shall before taking office take an oath
in the form prescribed before such person as is designated in the bylaws.
1994,c.6,s.91.

Meetings, general
monthly

92. (1) The council shall hold regular monthly meetings in each year on
such day as the council may by resolution determine.

Exception

(1.1) Notwithstanding subsection (1), council may cancel a monthly
meeting where the following conditions are met:

(a) council passed a resolution to cancel the monthly meeting;

(b) fifteen days notice of the cancellation is published in a local
newspaper;

(c) no two consecutive monthly meetings are cancelled; and

(d) at least ten regular monthly meetings are held in every calendar
year.

Special meetings

(2) The council may hold special meetings at the call of the mayor,
after three days notice thereof, and the mayor shall call a special meeting
when so requested in writing by not less than half of the councillors.

Emergency meeting

(3) In the case of an emergency the mayor, or deputy or acting mayor
in the absence of the mayor, may call an emergency meeting without
notice to the public, after a reasonable attempt is made to notify every
councillor at the councillor's home and place of work.

Quorum

(4) The quorum at any meeting of the council is

(a) the mayor, or, in his or her absence, the deputy mayor; and

(b) at least one-half of the councillors then holding office.

Absence of quorum

(5) No business shall be conducted at any meeting of the council
unless a quorum is present.

Public attendance

(6) Meetings of the council shall be open to the public.

Voting

(7) Each councillor has one vote and all matters and questions shall be
determined by a majority vote of the councillors present.

Tied vote

(8) The mayor shall vote on any matter or question before the council
only for the purpose of breaking a tie.

Rules of procedure

(9) The council may prescribe rules for the conduct of its meetings
including attendance requirements for its members.
1994,c.6,s.92; 2000,c.2,s.11.

Minutes

93. The minutes of the proceedings of all meetings shall be entered
in a book to be kept for that purpose, and shall be signed by the mayor or
person acting in his or her stead at such meetings, and the minutes shall be
open to the inspection of all persons qualified to vote in the town
election.
1994,c.6,s.93.

Committees

94. (1) Subject to subsection (6), the mayor may appoint from among
the members of the council any standing committees consisting of such
number of persons as the mayor considers appropriate for

(a) the better transaction of the business before council; and

(b) the discharge of any duty within the scope of the committee's
power.

Special committees

(2) The council may by resolution appoint special committees, chaired
by a member of the council, for any particular purpose which shall report
to the council on the matters committed to them.

Members

(3) The council may appoint residents to serve on the special committees
referred to in subsection (2).

Meetings

(4) Meetings of committees may be held behind closed doors.

Committee of the whole

(5) The council may by resolution meet as a committee of the whole.

Authority of council

(6) Every committee constituted pursuant to subsection (1) shall be subject
in all things to the approval, authority, and control of council.
2000,c.2,s.12.

Conflict of interest

95. No mayor or councillor shall, subject to subsection 80(3), derive any
profit or financial advantage from his or her position as a member of
council and, where a member of council has any pecuniary interest in or
is affected by any matter before the council, he or she shall declare the
interest therein and abstain from the voting and discussion thereon. 1994,c.6,s.95; 1995,c.5,s.8 {eff.} Apr. 1/94.

POWERS

Service

96. The council may provide

(a) administration of the town;

(b) fire protection and other emergency services;

(c) garbage and refuse collection and disposal;

(d) street lighting;

(e) recreation;

(f) drainage, including the levying of charges upon adjoining
landowners for improvements thereto;

(g) sewage collection and treatment;

(h) sidewalks, including the levy of charges upon adjoining land
owners for improvements thereto and including walkaways which
extend over or under public rights of way;

(i)
streets, including parking and the regulation of traffic, and
including, by resolution of council, the naming of streets, and the
closure of streets on a temporary basis;

(j) police protection, discipline of police officers, and all matters
relating to law enforcement;

(k) water supply, distribution and purification;

(l) parks and open spaces;

(m) community or regional development including tourism,
industrial, commercial and housing development and promotion and
assistance to community organizations and community development
projects;

(n) building and development services;

(o) land assembly for town purposes;

(p) local libraries;

(q) animal control;

(r) signage control;

(s) building and property standards control and including, after
reasonable notice has been given to the property owner to bring the
building up to standard, the provision for demolition of buildings not
meeting the minimum required standards;

(x) a superannuation plan for the benefit of employees of the town
and their dependants;

(y) for the regulation of the discharge of firearms.

(z) for the regulation of dangerous or unsightly properties;

(z.1) for the maintenance of order in the town, and in particular, for
regulation of noise, loitering and public nuisances.
1994,c.6,s.96; 1996,c.7,s.1; 1999,c.12,s.1; 2000,c.2,s.13.

ADMINISTRATION

Administrator

97. (1) The council shall appoint a chief administrative officer who is not a
member of council and who shall be responsible for all administrative
matters and the day to day administration of the town.

Dismissal

(2) The council shall not dismiss the administrator except for just
cause.

Functions

(3) The chief administrative officer shall

(a) be the senior policy advisor to the council;

(b) attend all meetings of the council and record all resolutions,
decisions and proceedings of the council;

(c) keep the minutes, documents and financial records of the town
and maintain a register containing the originals of all bylaws
adopted by the council;

(d) be the custodian of the corporate seal of the town;

(e) notify all members of the council of meetings of the council;

(f) collect and receive all money of the town;

(g) open an account in the name of the town in a chartered bank or
other financial institution approved by the council and deposit in that
account all money received by the administrator on account of the
town;

(h) co-sign all cheques of the town with the mayor;

(i)
as soon as possible after the end of the fiscal year prepare a
detailed statement of the finances of the town and submit it, when
audited, to the council;

(j) perform such other duties as the council may assign.

Delegation

(4) The chief administrative officer may delegate his or her functions under
subsection (3).
1994,c.6,s.97.

Officers and staff

98. (1) The council shall employ such staff or officers as are necessary
for the provision of administrative and other services provided by the
town.

Reporting

(2) The officers and staff referred to in subsection (1) shall be
responsible to and report to the chief administrative officer.

Delegation of
functions

(3) The council may delegate functions to the chief administrative officer.
1994,c.6,s.98.

Auditor

99. (1) The council shall appoint an auditor who shall audit the financial
statements of the town.

Qualifications

(2) The auditor shall be a person qualified to practise as a public
accountant under the Public Accounting and Auditing Act.

Report

(3) The auditor shall, on or before March 15 in each year, make a report to
the council on the financial statements of the town and shall state in his
or her report whether, in his or her opinion, the financial statements
referred to therein present fairly the financial position of the town and
the results of its operations during the immediately preceding fiscal year,
in accordance with generally accepted accounting principles applied on a
basis consistent with that of the previous fiscal year.
1994,c.6,s.99.

Fiscal year

100. The fiscal year of the town is the calendar year.
1994,c.6,s.100.

Copies to Minister

101. The council shall on or before March 31 in each year submit to the
Minister a copy of the financial statements of the town, the auditor's
report, the approved budget for the current fiscal year and such other
information as the Minister may require.
1994,c.6,s.101.

TAXATION AND FINANCE

Assessment of real
property

102. All real property within the boundaries of the town is liable to
assessment pursuant to the Real Property Assessment Act.
1994,c.6,s.102.

User or frontage
charges

103. (1) The council may levy rates on the basis of user or frontage
charges and, where certain services are provided only in certain districts
of the town or where the levels of service vary significantly from district
to district, the council may fix a different rate in respect of those
districts,
and where different rates are fixed, the council shall notify the Minister
of Finance and Municipal Affairs and send to the Minister of Finance and
Municipal Affairs a copy of the plan designating each tax district.

Notification to Minister of Finance and Municipal Affairs

(2) The town shall notify the Minister of Finance and Municipal Affairs of the rates of
municipal taxation levied under this section.

Lien

(3) All rates constitute a lien on the real property on which it is levied
until payment is made, which has priority over every claim, privilege or
encumbrance of every person, except the Crown, against that property.
1994,c.6,s.103; 2010,c.31,s.3.

Water and
sewage, corporation

104. (1) Where the council determines to provide within the town
sewage collection and treatment or water distribution and purification
pursuant to clause 96(g) or (k) it shall make a bylaw
Water and sewage,
corporation

(a) prescribing the name, composition and functions of a corporation
to construct, manage, maintain and operate the utility in accordance
with the Water and Sewerage Act;

(b) requiring the corporation to maintain separate accounts and to
prepare an annual financial statement.

Body corporate

(2) A corporation established pursuant to subsection (1) is hereby
constituted a body corporate.

User rates and
frontage charges

(3) A corporation established pursuant to subsection (1) may levy such user
rates or frontage charges as may be approved by the council.
1994,c.6,s.104.

Maximum frontage
upon which rate
may be levied

105. Where rates are levied by the town or a corporation established
pursuant to section 104 for water or sewerage services by means of frontage
charges, the maximum frontage of any parcel of land in respect of which
rates may be levied is one hundred feet if the parcel qualifies for a farm
assessment under the Real Property Assessment Act.
1994,c.6,s.105.

Service deemed to
be received

106. For the purposes of this Act, a person along whose lands run
sewer or water mains shall be deemed to receive services notwithstanding
that such sewer or water mains are not physically connected by lateral lines
to any residence, building or other structure situate upon the lands of that
person.
1994,c.6,s.106.

Lien for water,
sewerage

107. User rates or frontage charges under section 104 constitute a
lien on the real property on which they are levied until payment is made,
which has priority over every claim, privilege or encumbrance of every
person, except the Crown, against the property.
1994,c.6,s.107.

Interest

108. All taxes, rates and charges bear interest from the due date at
the rate prescribed for real property tax pursuant to the Real Property Tax
Act R.S.P.E.I. 1988, Cap. R-5.
1994,c.6,s.108.

License and other
fees

109. The council may impose license fees upon any person carrying on
any business in the town.
1994,c.6,s.109.

Financial management

110. Subject to section 112, the council is responsible for the
financial management of the town and shall determine the rate of municipal
taxation necessary to provide services in the town.
1994,c.6,s.110.

Definitions

110.1 (1) In this
section,

accommodation

(a) "accommodation" means
the provision of lodging in a tourism establishment;

operator

(b) "operator" means the
operator of a tourism establishment;

purchase
price

(c) "purchase price"
means the price for which accommodation is purchased, including the price in
money, the value of services rendered and other consideration accepted by
the operator in return for the accommodation provided, but does not include
the goods and services tax;

(2) The council may
impose a levy, to be known as the tourism accommodation levy, on any person
who, for a daily charge, fee or remuneration purchases accommodation at a
tourism establishment in the town.

Rate

(3) The tourism
accommodation levy shall be at such rate as may be set by the council but
shall not be more than two per cent of the purchase price of the
accommodation.

Tourism
establishments affected

(4) The tourism
accommodation levy may be imposed, as the council may determine, on the
purchase of accommodation

(a) at every tourism
establishment in the town; or

(b) at only those tourism
establishments in the town that have the minimum number of rental units
prescribed by bylaw.

Use of
tourism accommodation levy

(5) The council shall use
the tourism accommodation levy imposed and collected pursuant to this
section to promote the town as a tourist destination.

Grants

(6) Without restricting
the generality of subsection (4) and notwithstanding any other enactment,
the council may pay such portion of the tourism accommodation levy collected
by way of a grant as the council considers appropriate to any organization
formed to promote the town as a tourist destination, whether such
organization is non-profit or otherwise.

Operator
deemed to be agent

(7) Where the tourism
accommodation levy is imposed, pursuant to this section, on the purchase of
accommodation at a tourism establishment in the town, the operator of the
tourism establishment is deemed to be an agent of the town for the purpose
of collecting the tourism accommodation levy and remitting it to the town,
and as such the operator shall, in accordance with subsection (8), collect
the tourism accommodation levy from the purchaser and remit it to the town.

Collection
of levy

(8) The tourism
accommodation levy, whether the price is stipulated to be payable in cash,
on terms, by instalments or otherwise, shall be collected at the time of the
purchase on the total amount of the purchase price and shall be remitted to
the town at the times and in the manner established by bylaw made pursuant
to subsection (9).

Bylaw

(9) The council may make such bylaws
as it considers necessary to implement a tourism accommodation levy and,
without limiting the generality of the foregoing, may pass a bylaw to

(a) determine, pursuant
to subsection (4), which tourism establishments in the town are required to
impose and collect the tourism accommodation levy;

(b) provide for the forms
and records to be maintained by an operator and the information to be
recorded therein;

(c) provide for

(i) the method of the
collection of the tourism accommodation levy by the town and the remittance
of the tourism accommodation levy by an operator, and

(ii) any other conditions
or requirements affecting the collection and remittance of the tourism
accommodation levy;

(d) provide for the rate
of the tourism accommodation levy that is to be collected including, if so
prescribed, a minimum and maximum levy;

(e) provide for the
method by which a purchase price may be attributed to accommodations that
are sold as part of a combination of accommodations, meals and specialized
goods or services;

(f) provide for the
inspection and audit of records maintained by the operator;

(g) provide for the
imposition of interest charges and penalties for the failure by an operator
to collect or remit the levy as required by the bylaw;

(h) establish the times at which, and
the manner in which, operators are to remit the tourism accommodation levy
to the town.

2006,c.12,s.2.

Budgets

111. The estimates and budget of the town shall be fixed on or before
March 31 in each year.
1994,c.6,s.111.

Deficit budgeting

112. The council shall not project a deficit in its estimates or
budget for any year in respect of expenditures other than capital
expenditures.
1994,c.6,s.112.

Rates

113. Following approval of the estimates for any year and after
crediting the probable revenue from all sources other than taxes, the
council shall by resolution levy a rate or rates of municipal taxation
sufficient to raise the sum required to defray projected expenditures of the
town for that year.
1994,c.6,s.113.

Surplus

114. The council shall cause any surplus in the general fund at the
end of a fiscal year to be transferred to the general fund for the next
fiscal year or to a reserve fund.
1994,c.6,s.114.

Interim expenditure

115. During the period from the end of a fiscal year until approval
of the estimates for the next fiscal year, the council shall not incur
expenditures except those necessary for the day to day administration of the
town.
1994,c.6,s.115.

RESERVE FUND

Reserve

116. The council may establish a reserve fund for

(a) expenditures in respect of capital projects including the extension
and replacement of existing capital works and expenditures in
respect of any land, machinery or equipment necessary for the
completion of capital projects; and

(b) the purchase, depreciation and replacement of machinery and
equipment used for town purposes.

117. (1) Subject to subsection (2), the council may borrow money by
way of loan or the issue of debentures for capital, operating or other
expenditures.

Borrowing limit

(2) Except as may be authorized by the Lieutenant Governor in
Council for special projects or in exceptional circumstances, the council
may not borrow money for capital expenditures if the result of the
borrowing would be to increase the debt of the town to an amount in excess
of ten per cent of the current assessed value of real property in the
town or such other amount as the Lieutenant Governor in Council may determine.

Signatories etc. of
debentures etc.

(3) Security documents issued under subsection (1) or section 118 shall be
signed, issued and reissued in such manner as may be prescribed.
1994,c.6,s.117.

Short term or
interim financing

118. Nothing in section 117 precludes the council from borrowing
money from a savings institution on an interim basis in relation to capital
expenditure or on a short term basis to finance current operating
expenditures.
1994,c.6,s.118.

LIABILITY FOR DAMAGES

Indemnity for
unsafe sidewalk etc.

119. In all cases where the town may be held liable for damages
sustained in consequence of the unsafe condition of, or nuisance or
encumbrance on, town property, it shall have a right to indemnity from, and
have a remedy against the person or corporation by whose act or conduct the
property was rendered unsafe, or by reason of whose act or conduct the
damage or injury arose.
1994,c.6,s.119.

Notice of claim
within three
months, unsafe
sidewalks

120. (1) In no case shall the town be liable for damages sustained in
consequence of the unsafe condition of the street or sidewalk or from a
nuisance or encumbrance on the sidewalks, squares or streets of the
town, unless a notice in writing of the claim for such damages be given
to the chief administrative officer by the party injured within ninety days
from the time when the cause of action arose.

General

(2) Except as provided in subsection (1), all actions against the Town shall
be commenced within six months next after the cause of action arises.
1994,c.6,s.120.

Gross misfeasance
re snow removal
etc.

121. In no case unless for gross misfeasance shall the town or any
person, by reason only of any bylaw of the town compelling removal of snow
and ice from the sidewalks, be held liable for damages for any occurrence
upon any streets, sidewalk, square or crossing, or other public place in the
town, attributable to the existence of any condition of snow, ice, sleet or
rainfall or to any action of frost or to any condition resulting from change
of weather or season; and no undertaking, continuance, cessation or
interruption by the town of any active or enforcing measures for general
safety or convenience shall in any way prejudice the town's non-liability
under this section. The town is not liable for any damage caused by a
decision related to the system of inspections, examinations, evaluations and
investigations including a decision relating to their frequency and the
manner in which they are carried out.
1994,c.6,s.121.

Action affecting
adjoining property

122. In no case unless for gross misfeasance shall the town be liable
to the owners or occupiers of adjoining property for damages to the
adjoining property occasioned by the grading, building up or cutting down of
any street, land, alleyway or sidewalk.
1994,c.6,s.122.

Definition of sewer

122.1 (1) In this section, "sewer" includes any sanitary or storm sewer,
or combination of sanitary or storm sewers, drain, ditch, or watercourse
that is

(a) the property, in whole or in part, of the town; or

(b) located within the town.

Limitation of
liability

(2) The town shall not be liable for loss or damage suffered by any person
by reason of the discharge or overflow of water or effluent from a sewer,
unless the discharge or overflow is shown to be directly due to the
negligence of the town or one of its employees.
2000,c.2,s.15.

Good faith

123. The town, the mayor, any councillor and any officer or employee of
the town shall not be liable for any act done in good faith or purporting
to be done under the authority of this Part.
1994,c.6,s.123.

EXPROPRIATION

Expropriation for
public works etc.

124. (1) The council may, in accordance with the provisions of this Part,
expropriate any land, or any interest in land in the town that it may
consider expedient for a public work or other public purpose, and, in
particular

(a) for use as a public parking area;

(b) for use as a water line, sewer line or a combined sewer-water line
area or for use as a well or well field;

(c) to provide sites for any public building or project;

(d) to provide sites for publicly assisted rental housing;

(e) for development or re-development.

Water lines etc.

(2) Clause 1(b) applies in respect of land within 24 kilometres of the town.
1994,c.6,s.124; 2000,c.4.1,s.17.

Majority for
expropriation
resolution

125. The expropriation of land or any interest in land shall be made only
upon a resolution of the council at a regular meeting and upon a vote of
two-thirds of the councillors and after notice of such resolution having
been given at the last regular meeting of the council.
1994,c.6,s.125.

Notice of intention

126. The resolution referred to in section 125, shall be entitled "Notice of
Intention to Expropriate" and shall set forth
to expropriate

(a) a general description of the lands;

(b) the nature of the interest intended to be expropriated;

(c) an indication of the public work or other public purpose for
which the interest is required;

(d) a statement that it is intended that the interest be expropriated by the
town upon the registration and filing in the office of the Registrar of
Deeds of a legal description of the said lands and a survey plan thereof.
1994,c.6,s.126.

Power of entry to
survey land

127. After the passing of any resolution intending the expropriation
of land or an interest in land, a person authorized by the council shall
have the power to enter upon the land proposed to be expropriated and make a
survey thereof.
1994,c.6,s.127.

Filing in registry

128. (1) A certified copy of the resolution referred to in section 125, the
survey plan and a legal description of the land, signed by a qualified land
surveyor, the mayor and the chief administrative officer, with the
corporate seal of the town affixed, shall be filed and registered in the
office of the Registrar of Deeds and such land or interest in land, upon
the filing and registration of such resolution, plan and description, shall
thereupon become vested in the town for the purposes set out in the
resolution.

Errors

(2) Where a resolution, survey plan or legal description registered
pursuant to this section contains any omission, mis-statement or
erroneous description, a corrected resolution, survey plan or legal
description may be registered, which shall be deemed to relate back to
the day the original resolution, survey plan or description was registered.

Failure to identify
interest

(3) A resolution registered under this section is not invalid by reason only
that it does not set forth the nature of the interest intended to be
expropriated and, in such case, the interest intended to be expropriated
includes all the interest in the land to which the resolution relates.
1994,c.6,s.128.

Conveyance of
expropriated
interest

129. Any land or interest in land expropriated in accordance with the
provisions of this Part and upon becoming vested in the town pursuant to the
operation of section 128, may be conveyed, leased, assigned or otherwise
legally transferred by the town to any other person in order to better
effect the intended purpose of the expropriation.
1994,c.6,s.129.

Buildings etc.

130. All buildings, structures, or erections of all types on the land
so expropriated may be removed and disposed of by the town and the proceeds
thereof shall belong to the town.
1994,c.6,s.130.

Compensation

131. If the town fails to arrive at an agreement with the owner of
any land or interest in land expropriated as to the compensation to be paid
by the town, or if the owner or any parties interested in the land is or are
under disability or incapable in law of entering into an agreement or is or
are absent from the province, or if any doubt or dispute exists or arises
either as to the ownership of the land or as to the apportionment of the
compensation money among the parties interested or having or asserting any
claim or interest therein, then and in any and all such cases, the council
shall, by resolution, determine what amount the town considers it should pay
for such land and the chief administrative officer shall mail by registered
letter a copy of such resolution to the owners or other parties interested
in the lands who are within the province and whose names and addresses are
known to the chief administrative officer, offering such amount as stated in
the resolution as compensation for the interest expropriated.
1994,c.6,s.131.

Resolution of
disputes

132. If the owner or any party interested in the land fails or refuses to
accept the sum so offered, within twenty days of the receipt of the offer,
or, if the owner or any party interested in the land is absent from the
province or is under disability, or for any reason incapable in law of
entering into an agreement regarding compensation money or executing
the proper discharge therefor, or, if any doubt or dispute exists or arises
whether as to the ownership of the land or as to the apportionment of the
compensation money among the parties interested or having or asserting any
claim or interest therein, then and in any and all such cases, the amount of
the compensation money, the parties to whom the same shall be payable and
the allotment and disposal thereof among the parties found to be entitled
thereto, shall be determined by the Supreme Court upon proceedings to be
instituted by the town for that purpose.
1994,c.6,s.132.

Application to
Supreme Court

133. The proceedings shall be commenced by application to the Supreme
Court to be signed by the mayor and chief administrative officer setting
out

(a) the resolution of the council for the expropriation of the land and
the date thereof together with a description of the land and the date
on which the resolution, survey plan and description were filed and
registered in the office of the Registrar of Deeds;

(b) persons who at such date had any estate or interest in the land
and the particulars of the estate or interest and any charge, lien or
encumbrances to which it was subject, so far as is known;

(c) the resolution indicating the sum of money which the town is willing and
ready to pay as the compensation for the land and the date thereof;

(d) any other facts material to the determination of the question involved
in the proceeding and as set forth in the application.
1994,c.6,s.133.

Questions to be determined

134. The application shall be deemed and taken to be the institution
of suit against the persons named therein and shall request the court to
determine the proper compensation money to be paid and to make findings as
to the persons entitled to compensation and the allotment of the money among
those entitled.
1994,c.6,s.134.

Procedures

135. The application shall be dealt with in accordance with the rules
of court and the court may determine any matters of procedure not otherwise
provided for in the rules of court.
1994,c.6,s.135.

City takes free of
claims and interests

136. Upon final disposition of an application by the court the town
shall be free and discharged from all claims, interests, rents, charges,
annuities, liens, judgments, mortgages or any other encumbrance upon the
land or property or other debts or claims whatsoever.
1994,c.6,s.136.

Abandonment of
expropriation by
resolution

137. Where at any time before any compensation is paid in respect of
land or an interest in land expropriated, the council determines that the
land or interest in land is not or is no longer required by the town, it may
by resolution, abandon the interest expropriated, a certified copy of such
resolution shall thereupon be filed or registered in the office of the
Registrar of Deeds and the abandoned land or interest in land shall
thereupon vest in and revert to the respective owners of each part of the
land or interest in land at the time of expropriation.
1994,c.6,s.137.

LAND ACQUISITION

Acquisition
otherwise than by
expropriation

138. The town may acquire by purchase or otherwise any lands or areas
within or outside the boundaries of the town, the acquisition of which the
council considers to be of advantage to the town, and to hold, use, lease,
sell, encumber or otherwise dispose of the same in the discretion of the
council.
1994,c.6,s.138.

BYLAWS

Bylaws

139. (1) The council may make bylaws that are considered expedient and
are not contrary to this or any other Act or regulations for the peace,
order and good government of the town, the provision of municipal
services within the town, the exercise of any powers under section 96,
town elections, and any other matter within the jurisdiction of the town.

Penalties and
enforcement

(2) Bylaws may create offences, prescribe penalties not exceeding a
fine of $5,000 and prescribe means of enforcement.

Restraining breach
of bylaw

(3) Any bylaw made pursuant to the powers conferred by this Part may
be enforced and the breach thereof may be restrained by application by
the council to the Supreme Court and the judge may grant any one or
more of the remedies set out in subsection 24(2) of the Planning Act.

Entry on lands

(4) Where a landowner fails to comply with a written notice given
pursuant to a bylaw regarding dangerous and unsightly premises, council
may, by resolution, authorize any person to enter on the landowner's
premises for the purpose of carrying out the terms of the notice.

Dangerous premises

(5) Where, in the opinion of the council, there exist reasonable and
probable grounds that immediate danger to the life or safety of any
person exists by reason of a dangerous or dilapidated building, the chief
administrative officer, supported by a resolution of council, may
authorize any person to enter on the premises where the building is
located in order to

(a) repair or demolish the building; or

(b) evict any person inhabiting the building.

Costs

(6) Any reasonable costs incurred by the city pursuant to subsections (4) or
(5) shall, until payment is made, constitute a lien having priority over
every claim, privilege, or encumbrance of any person except the Crown on the
real property subject to notice.
1994,c.6,s.139; 2000,c.2,s.16.

Procedure

140. (1) A bylaw is made if

(a) it is read and formally approved by a majority of the councillors
on two occasions at meetings of the council held on different days;

(b) after being read a second time it is formally adopted by resolution of
the council; and

(c) it is signed by the mayor and the chief administrative officer, and
formally declared to be passed, and sealed with the corporate seal of the
town.

(2) Any bylaw authorized by this Act may delegate administrative acts
and the exercise of authority and discretion under the bylaw to
Delegation

(a) the mayor;

(b) any committee constituted by council;

(c) the chair of any committee constituted by council; or

(d) any official of the city.
1994,c.6,s.140; 2000,c.2,s.17.

Record of bylaws

141. Where a bylaw is made under section 140

(a) the minutes of the meeting shall record the name of the bylaw and the
fact that it is passed;

(b) a copy of the bylaw bearing the signature of the mayor and the chief
administrative officer and engrossed with the town seal shall be entered in
the register of bylaws maintained by the chief administrative officer;

(c) a copy of the bylaw certified by the chief administrative officer and
bearing the town seal shall be filed with the Minister within seven days of
the day on which the bylaw was passed.
1994,c.6,s.141.

Inspection of
register

142.
The register of bylaws of each town shall be available for public inspection
at the office of the town during its business hours.
1994,c.6,s.142.

Evidence

143. A copy of any bylaw, written, printed or otherwise reproduced,
and under the seal of the town, certified to be a true copy by the chief
administrative officer or the mayor, shall be received in evidence as proof
of its making and of its contents without further proof in any court nor
shall any further proof be required of the official character of the
signatory of his or her signature or of the seal of the town.
1994,c.6,s.143.

Offences,
enforcement

144. (1) Offences against a bylaw shall be prosecuted in accordance with

(a) the Summary Proceedings Act; or

(b) in the case of a traffic offence or ticket in accordance with a
bylaw passed pursuant to subsection (2).

Form etc. of ticket summons prescribed

(2) The council may make bylaws

(a) prescribing the form of traffic ticket to be used for the purpose of
laying an information and issuing a summons as provided under
clause (1)(b);

(b) authorizing the use of any word or expression on a traffic ticket
to designate an offence under any bylaw regulating traffic made
under this Part;

(c) prescribing the manner in which an information may be laid and a
summons may be issued by a traffic ticket;

(d) prescribing the manner in which a summons issued by a traffic
ticket may be delivered to the person charged with an offence,
whether by personal service or otherwise, and the means by which
delivery of such a summons may be proved;

(e) providing that a summons issued by a traffic ticket may be
endorsed with a notice that the person to whom the summons is
directed may pay out of court a specified penalty by signing a form
of guilty plea, as prescribed by bylaw, that upon receipt of the
summons with a guilty plea affixed thereon a provincial court judge
or justice of the peace appointed under the Provincial Court Act may
convict the person to whom the summons is directed of the offence
described in the summons, and that a signature affixed to the
prescribed form which purports to be the signature of the person to
whom the summons is directed is proof that it is the signature of that
person;

(f) respecting any other matter relating to the use of a traffic ticket.
1994,c.6,s.144.

SIGNATURES

Signature by
facsimile

145. The mayor or chief administrative officer may sign his or her
name to any cheque, bond, order, debenture or other document on behalf of
the town by means of a facsimile stamp of his or her signature.
1994,c.6,s.145.

OFFENCES

Offence and penalty

146. (1) Every person who contravenes any provision of this Part, any
bylaw or regulation made under this Part for which no other penalty is
specifically provided is guilty of an offence and liable on summary
conviction

(a) on a first conviction, to a fine not exceeding $5,000 or
imprisonment for a term not exceeding two years, or both;

(b) on a subsequent conviction, to a fine of not more than $500 for
each day upon which the contravention has continued after the day
on which he or she was first convicted or imprisonment for a term
not exceeding two years, or both.

Limitation period

(2) Any prosecution for an offence under subsection (1) may be instituted
within one year after the time when the contravention occurred.
1994,c.6,s.146.

Regulations

147. The Lieutenant Governor in Council may make regulations and, in
particular, for the effective transition to the government of the Towns of
Stratford and Cornwall from administration under the law in force on the day
immediately preceding the date on which this Part is proclaimed to come into
force to administration under this Act.
1994,c.6,s.147.

Transitional
provisions

148. (1) This Part shall have effect subject to the transitional provisions
set out in Schedule 6.

Saving for accrued
and other rights of
non-union
employees

(2) Notwithstanding subsection (1) or any other provision of law,
employment matters shall be determined on the basis of equity and

(a) the accrued rights of employees in respect of sick leave, vacation
leave and pension rights shall be recognized by the new Towns of
Stratford and Cornwall as if the employee had remained an
employee of one of the existing municipalities;

(b) for the purposes of hiring, promotion, transfer, demotion, lay off,
permanent reduction of the work force and recall only, length of
service with one of the municipalities referred to in Schedule 4 or 5
shall be a determining factor, whether or not the employee was a
member of the bargaining unit;

(c) the Minister may appoint a person to resolve any dispute arising out of
attribution of length of service and that person shall have the powers
necessary to resolve the dispute.
1994,c.6,s.148.

Employees of
sewerage and water
utilities

(3) In this section and Schedule 6 references to employees and existing
employees of existing municipalities include employees and existing
employees of sewerage and water utilities serving those municipalities.
1994,c.6,s.148; 1995,c.5,s.9 {eff.} Apr. 1/94; 1997,c.20,s.3.

PART III

INTERMUNICIPAL COORDINATION

Definitions

149. In this Part

Charlottetown area municipalities

(a) "Charlottetown area municipalities" means the City of Charlottetown,
Town of Stratford and Town of Cornwall;

Committee

(b) "Committee" means the Capital Area Coordination Committee
established under section 151;

150. The purpose of this Part is to provide for cooperation in
municipal or regional planning and the integrated provision of municipal
services within the Charlottetown area municipalities.
1994,c.6,s.150.

Capital Area
Coordination
Committee

151. There is established a committee, to be known as the Capital
Area Coordination Committee comprised of the mayors of the City of
Charlottetown, Town of Stratford, Town of Cornwall and one other person who
may be a civil servant appointed by the Minister.
1994,c.6,s.151.

Functions

152. The function of the committee is to provide a forum for
discussion of common matters or issues relating to the delivery of municipal
services, planning and development and such other municipal matters as the
Committee may decide or the Minister may direct.
1994,c.6,s.152.

Chairperson

153. The office of the chairperson of the committee shall rotate
among the mayors annually commencing with a chairperson chosen by the
mayors.
1994,c.6,s.153.

Meetings

154. The Committee shall meet at the call of the chairperson not less
frequently than quarterly commencing in the second quarter of 1995.
1994,c.6,s.154.

Annual report

155. The Committee shall prepare an annual report on its activities
and submit the report to the councils of the Charlottetown area
municipalities and the Minister.
1994,c.6,s.155.

Expenses

156. The expenses of the committee shall be borne by the member
municipalities in the same proportions as their assessments to the total
assessment of the Charlottetown area municipalities.
1994,c.6,s.156.

Estimates

157. (1) On or before January 1 in each year the committee shall prepare
and submit an estimate of its expenses to the administrators of the
member municipalities and the amounts required shall be included in the
estimates of the member municipalities.

Resolution of
dispute re share of
expenses

(2) Where a council is dissatisfied with the amount of the projected
expenses of the Committee it may refer the matter to the Minister and the
Minister's decision on the amount to be paid is final and binding.
1994,c.6,s.157.

PART IV

GENERAL

158. This Act, except for clause 15(c), section 73, clause 90(c) and
Schedule 2 came into force on July 28, 1994; 15(c), 73, 90(c) and
Schedule 2 came into force on March 31, 1995. 1994,c.6, s.158; further
amendments were made by 2000, c.2.

SCHEDULE 1

CITY OF CHARLOTTETOWN

The City of Charlottetown comprises the areas that, on the day
immediately preceding the date on which Part I is proclaimed to come
into force, were within the boundaries of the following municipalities:

City of Charlottetown

Town of Parkdale

Communities of

Sherwood

West Royalty

East Royalty

Hillsborough Park

Winsloe

and the unincorporated area upon which the Queen Elizabeth Hospital is
located, and the properties described in Exhibit A, all of which is
identified on map 1 and Exhibit A attached hereto.

MAP 1

The City of Charlottetown

Description:

All land or lands covered by water within the municipal boundaries of the
former
municipalities of:

City of Charlottetown

Town of Parkdale

Community of Sherwood

Community of West Royalty

Community of East Royalty

Community of Hillsborough Park

Community of Winsloe

and

A
- Queen Elizabeth Hospital and Other Properties

All land or lands covered by water within the unincorporated area bounded on
the south and east by the East Hillsborough River and on the west and north
by
the former municipalities of the Community of Sherwood and the Community of
Hillsborough Park.

EXHIBIT A

Queen Elizabeth Hospital

SCHEDULE 2

CONSEQUENTIAL AMENDMENTS

Column I

Column II

Municipalities Act
R.S.P.E.I. 1988, Cap. M-13

Schedule 1 is amended by the deletion

(a) under the heading Towns, of Parkdale

(b) under the heading Villages of
Bunbury, Cornwall, East Royalty,
Southport, Hillsborough Park, Sherwood,
Southport, and West Royalty

(c) under the heading Community
Improvement Committees of Cross
Roads, Eliot River, Keppoch-Kinlock, North River and Winsloe

Planning Act
R.S.P.E.I. 1988, Cap. P-8

Subsection 24(1) is amended by the insertion after the word "Act" of
the words "or a bylaw made under Part I of the Charlottetown Area
Municipalities Act or the City of Summerside Act relating
to planning matters".

SCHEDULE 3

TRANSITIONAL PROVISIONS - CITY OF CHARLOTTETOWN

1. The provisions of this Schedule have effect subject to any regulations
made under section 72 for the purposes of the effective transition from
the government of the City of Charlottetown and the municipalities set
out in Schedule 1 under the existing Acts to government under this Act.

2. On April 1, 1995

(a) the boundaries of the City of Charlottetown are established as
provided under this Act;

(b) the existing boundaries are altered as set out in Schedule 1 and
the existing councils of the City of Charlottetown and the
municipalities set out in Schedule 1 and the Commissioners of
Sewer and Water Supply of the City of Charlottetown are dissolved;

(c) the assets and liabilities of the municipal areas, communities and
parts thereof located within the boundaries of the City of
Charlottetown as established by this Act are transferred to the city;

(d) the provisions of section 33 of the Interpretation Act apply and
all bylaws made and having effect in the areas referred to in
Schedule 1 shall continue to have effect until they are revoked or
others made in their stead;

(e) any debentures or security documents issued by a municipality
referred to in Schedule 1 or a utility within a municipality shall
continue to have effect with the substitution of the City of
Charlottetown for the issuing authority;

(f) repealed by 1995, c.5, s.10 {eff.} Jan. 1/96;

(g) all existing employees of the municipalities referred to in
Schedule 1 and sewerage and water utilities shall become employees
of the city.

2.1 (1) For the avoidance of doubt, the projected expenditures of the city
upon which the rate or rates of municipal taxation for the fiscal year
1995 shall be based shall include

(a) the expenditures of the existing municipalities for the period
January 1, 1995, to March 31, 1995;

(b) the expenses incurred by the council incidental to the transition
to this Act; and

(c) the projected expenditures of the city for the period April 1,
1995, to December 31, 1995.

(2) For fiscal year 1995, the council may

(a) maintain the 1994 rates of municipal taxation for the period
January 1, 1995, to March 31, 1995, for those portions of the city
which were former municipalities, and fix a separate rate or rates of
taxation for the city for the period April 1, 1995, to December 31,
1995,; or

(b) fix a blended rate or rates of taxation applicable for the period
January 1, 1995, to December 31, 1995.

3. (1) The Minister responsible for government reform shall appoint a body of persons including civil servants and residents of the areas
referred to in Schedule 1 to manage the transition.

(2) The Lieutenant Governor in Council shall, following consultation
with the body appointed pursuant to subsection (1), exercise the powers
of the council set out in section 4 and section 13 of the Act for the first
election to be held.

(3) Notwithstanding section 12 of the Act, the first election of the
council shall be held on October 3, 1994.

4. Subject to subsection 75(2), the council, in consultation with the body
referred to in paragraph 3, and the trade unions representing the
employees of the City of Charlottetown and the other municipalities
referred to in Schedule 1, and the representatives of employees with no
union representation, shall develop a process for

(a) the determination of appropriate bargaining units

(b) the negotiation of the terms and conditions applicable to
employment by the City of Charlottetown as reconstituted pursuant
to this Act, including successor rights, job security and seniority;

(c) the expedited resolution of disputes; and

(d) the determination of transitional and jurisdictional matters,

but, if the parties are unable to agree on a process for the resolution of
disputes, such disputes shall be resolved by an arbitrator appointed by the
Minister and such arbitrator shall have final and binding authority.

4.1 (1) Where the parties to the process provided for in section 4 agree
on a method for the expedited resolution of disputes, the Minister may
pay, or contribute to, the remuneration and expenses of the mediator-arbitrator
to a maximum amount to be determined by the Lieutenant
Governor in Council.

(2) The Minister may appoint a person to facilitate an agreement or
agreements among the parties on the matters outlined in clauses 4(a) to
(d).

(3) Where an arbitrator is appointed pursuant to section 4, the Minister
may order that the remuneration and expenses of the arbitrator be paid by
the parties in such proportions as the Minister may determine.

(4) An arbitrator may

(a) make a final and binding award on any of the issues referred to in
clause 4(a), (b) or (d);

(b) issue interim or final awards;

(c) determine and adopt such rules and procedures as he or she
considers appropriate.

(5) An award, decision, interim order, direction, declaration, or ruling
of the arbitrator is final and binding, and shall not be questioned,
challenged, or reviewed by the Labour Relations Board (Prince Edward
Island) or in proceedings before any court, and no order shall be made,
processed, or entered, or proceedings taken in any court, whether by way
of an application for judicial review or otherwise, to question, review,
prohibit, or restrain the arbitrator, or any of his or her proceedings.

(6) For greater certainty, it is declared that

(a) the Labour Relations Board has no jurisdiction over the matters
described in clauses 4(a) to (d);

(b) subsection 7(2), sections 12 to 18, section 20, section 38 and
subsections 39(2) to (6) of the Labour Act do not apply to the city, a
sewerage and water utility, or any of their employees.

(7) Subsection (6) ceases to have effect on such date as the Lieutenant
Governor in Council may determine.

(8) References to an arbitrator in subsections (4) and (5) include a
mediator arbitrator appointed in accordance with a method agreed upon
by the parties for the expedited resolution of disputes.

5. (1) For the purposes of an effective transition with respect to
employment and following consultation with the trade unions and
representatives of employees with no union representation, the council
shall establish a workforce adjustment program.

(2) Provided that qualified persons are available, the staff or officer
positions shall be filled by competition among the employees of the
existing municipalities affected by this Act.

(3) Notwithstanding subsection (2), the council may hold an open
competition for the selection of the chief administrative officer and the
appointment shall be made on the basis of the merit principle.

6. Until April 1, 1995, or such time as the transitional arrangements
made under this Act cease to have effect, whichever is the earlier date the
following matters shall require the approval of the Minister:

(a) the sale of any assets or assumption of liabilities;

(b) the setting or amending of any tax rates;

(c) the purchase of any capital assets other than for maintenance
purposes;

(d) any new estimates or budgets or amendments to any existing
estimates or budgets;

(e) new bylaws or amendments to existing bylaws;

(f) new official plans or amendments to existing official plans;

(g) new subdivisions of land or amendments to existing subdivisions
of land;

(h) new contracts or amendments to existing contracts.

7. For the first elections to be held "ordinarily resident'' or "resident'',
for
the purposes of clause 5(5)(c), subsections 5(6) and 14(1) of the Act
means resident within the boundaries of the city as set out in Schedule 1.

8. Notwithstanding clause 2(b) and subsection 15(5) of the
Municipalities Act R.S.P.E.I. 1988, Cap. M-13, the Lieutenant Governor
in Council may, by order published in the Gazette, extend the term of
office of any or all councils of the municipalities listed in Schedule 1.

9. Notwithstanding section 37, the council or a municipal utility
corporation may incur a deficit in its estimates or budget in respect of its
expenditures, not exceeding five per cent of its real property assessment
on January 1, 1994.

10. The council may, during the period from its first election to the time
of taking office, incur expenses incidental to the transition to this Act
and
those expenses shall be expenses of the city.

11. Notwithstanding any other provision of the Schedule, it is the duty of a
council or any water or sewerage utility which has jurisdiction or the
government of the province to continue to provide services in the same
manner as before this Act comes into force until the services are
provided by the council for the city under this Act and their assets and
liabilities are taken over by the city.

12. Notwithstanding subsection 5(3), the Lieutenant Governor in Council
shall establish the salaries and allowances of the mayor and councillors
until the transitional arrangements under this Act cease to have effect.

13. Notwithstanding any provision of the Municipalities Act, the council
of a community that will be dissolved in consequence of the
reorganization effected by this Act is not required to hold an annual
meeting in March, 1995.

14. In respect of the City of Charlottetown, the references in subsections
8.(2) and (2.1) of the Real Property Tax Act to March 31 shall in relation
to the calendar year 1995 be deemed to be references to April 30.
1995, c.5, s.10 {eff.} Jan. 1/96

SCHEDULE 4

TOWN OF STRATFORD

The Town of Stratford comprises the areas that, on the day immediately
preceding the date on which Part II of this Act is proclaimed to come
into force were within the boundaries of the following municipalities:

Communities of

Bunbury

Southport

Cross Roads

Keppoch-Kinlock

and the unincorporated area of Battery Point as described in Exhibit B
and that portion of the community of Alexandra described in Exhibit C
and that portion of the Community of Alexandra described in Exhibit D
all of which is identified on Map 2 and Exhibits B, C. and D

Description:

All land or lands covered by water within the municipal boundaries of
the former municipalities of:

Community of Bunbury

Community of Southport

Community of Keppoch/Kinlock

Community of Cross Roads

and

B
- Battery Point

All land or lands covered by water within the unincorporated area
bounded on the north, west and south by the Charlottetown Harbour and
on the east by the community boundary of the former Community of
Keppoch/Kinlock.

and

All land or lands covered by water within a portion of the municipality

* The amendments relating to the community of Alexandra come into effect on
January 1, 1997.
1995, c.5, s.15(3).

SCHEDULE 5

TOWN OF CORNWALL

The Town of Cornwall comprises the areas that, on the day immediately
preceding the date on which Part II of this Act is proclaimed to come
into force were within the boundaries of the following municipalities:

Communities of

Cornwall

Eliot River

North River

all of which is identified on map 3 attached hereto

Map 3

Town of Charlottetown West

SCHEDULE 6

TRANSITIONAL PROVISIONS - TOWNS

1. The provisions of this Schedule have effect subject to any regulations
made under section 147 for the purposes of the effective transition from
the government of the towns set out in Schedules 4 and 5 under the
existing Acts to government under this Act.

2. On April 1, 1995

(a) the boundaries of the Town of Stratford and the Town of
Cornwall are established as provided under this Act;

(b) the existing boundaries are altered as set out in Schedules 4 and 5
and the existing councils of the municipalities set out in Schedules 4
and 5 are dissolved;

(c) the assets and liabilities of the municipal areas, communities and
parts thereof located within the boundaries of the Town of Stratford
and Cornwall as established by this Act are transferred to the Town
of Stratford or the Town of Cornwall, as the case may be except the
assets and liabilities of sewerage and water utilities;

(c.1) the assets and liabilities of the sewerage and water utilities are
transferred to the utility corporation established by bylaw pursuant
to section 104;

(d) the provisions of section 33 of the Interpretation Act apply and
all bylaws made and having effect in the areas referred to in
Schedule 4 and 5 shall continue to have effect until they are revoked
or others made in their stead;

(e) any debentures or security documents issued by a municipality
referred to in Schedule 4 or 5 shall continue to have effect with the
substitution of the appropriate town for the issuing authority;

(e.1) all debentures or security documents issued by a utility within a
municipality shall continue to have effect, with the substitution of
the utility corporation established by bylaw pursuant to section 104;

(f) ownership of and responsibility for the maintenance of streets
and highways are vested in the Minister of Transportation and
Infrastructure Renewal;

(g) all existing employees of the municipalities referred to in
Schedule 4 or 5 and sewerage and water utilities shall become
employees of the appropriate town.

2.1 (1) For the avoidance of doubt, the projected expenditures of the
town upon which the rate or rates of municipal taxation for the fiscal
year 1995 shall be based shall include

(a) the expenditures of the existing municipalities for the period
January 1, 1995, to March 31, 1995;

(b) the expenses incurred by the council incidental to the transition
to this Act; and

(c) the projected expenditures of the town for the period April 1,
1995, to December 31, 1995.

(2) For fiscal year 1995, the council may

(a) maintain the 1994 rates of municipal taxation for the period
January 1, 1995, to March 31, 1995, for those portions of the town
which were former municipalities or parts thereof, and fix a separate
rate or rates of taxation for the town for the period April 1, 1995, to
December 31, 1995,; or

(b) fix a blended rate or rates of taxation applicable for the period
January 1, 1995, to December 31, 1995.

3. (1) The Minister responsible for government reform shall appoint a
body of persons including civil servants and residents of the areas
referred to in Schedules 4 and 5 to manage the transition.

(2) The Lieutenant Governor in Council shall, following consultation
with the body appointed pursuant to subsection (1), exercise the powers
of the council set out in section 79 and section 88 of the Act for the first
election to be held.

(3) Notwithstanding section 87 of the Act, the first election of the
council shall be held on October 3, 1994.

4. Until April 1, 1995 or such time as the transitional arrangements made
under this Act cease to have effect, whichever is the earlier date, the
following matters shall require the approval of the Minister:

(a) the sale of any assets or assumption of liabilities;

(b) the setting or amending of any tax rates;

(c) the purchase of any capital assets other than for maintenance
purposes;

(d) any new estimates or budgets or amendments to any existing
estimates or budgets;

(e) new bylaws or amendments to existing bylaws;

(f) new official plans or amendments to existing official plans;

(g) new subdivisions of land or amendments to existing subdivisions
of land;

(h) new contracts or amendments to existing contracts.

5. (1) For the purposes of an effective transition with respect to
employment, the council shall establish a workforce adjustment program.

(2) Provided that qualified persons are available, the staff or officer
positions shall be filled by competition among the employees of the
existing municipalities affected by this Act.

(3) Notwithstanding subsection (2), the council may hold an open
competition for the selection of the chief administrative officer and the
appointment shall be made on the basis of the merit principle.

6. For the first elections to be held "ordinarily resident'' or "resident'',
for
the purposes of clause 80(5)(c), subsections 80(6) and 89(1) of the Act
means resident within the boundaries of the town as set out in Schedule 4
or 5.

7. Notwithstanding clause 2(b) and subsection 15(5) of the
Municipalities Act, the Lieutenant Governor in Council may, by
published in the Gazette, extend the term of office of any or all councils
of the municipalities listed in Schedule 4 or 5.

8. Notwithstanding section 112, the council or a municipal utility
corporation may incur a deficit in its estimates or budget in respect of its
expenditures, not exceeding five per cent of its real property assessment
on January 1, 1994.

9. The council may, during the period from its first election to the time of
taking office, incur expenses incidental to the transition to this Act and
those expenses shall be expenses of the town.

10. Notwithstanding any other provision of the Schedule, it is the duty of a
council or any water or sewerage utility which has jurisdiction or the
government of the province to continue to provide services in the same
manner as before this Act comes into force until the services are
provided by the council for the town under this Act and their assets and
liabilities are taken over by the town.

11. Notwithstanding subsection 80(3), the Lieutenant Governor in
Council shall establish the salaries and allowances of the mayor and
councillors until the transitional arrangements under this Act cease to
have effect.

12. Notwithstanding any provision of the Municipalities Act, the council
of a community that will be dissolved in consequence of the
reorganization effected by this Act is not required to hold an annual
meeting in March, 1995.

13. In respect of the Towns of Stratford and Cornwall, the references in
subsections 8.(2) and (2.1) of the Real Property Tax Act to March 31
shall in relation to the calendar year 1995 be deemed to be references to
April 30.
2010,c.31,s,3.